HomeMy Public PortalAbout20161221Packet.pdfTable of Contents
000_000_20161221Agenda....................................................................................................................................................................................... 1020_010_Tybee Third Amendment- 2016....................................................................................................................................................................................... 2020_020_Agenda Request - Water Line Replacement Project....................................................................................................................................................................................... 4020_021_Hwy 80_Campbell_2nd Ave Water....................................................................................................................................................................................... 6020_022_Tybee Island Invitation....................................................................................................................................................................................... 6020_023_Addendum #1 with attachments....................................................................................................................................................................................... 7030_010_32-2016 REDLINE Ame Art III Special Events 11.21.16....................................................................................................................................................................................... 23030_011_32-2016 CLEAN Ame Art III Special Events 11.21....................................................................................................................................................................................... 44
AGENDA
SPECIAL MEETING OF TYBEE ISLAND CITY COUNCIL
DECEMBER 21, 2016 9:00am
Please silence all cell phones during Council Meetings
I. Call to Order
II. Consideration of Bids, Contracts, Agreements and Expenditures
1 Hotel/Motel Agreement – Trade Center
2 Approve bid award to lowest responsible bidder for Water Line Replacement Water project
consists of a second phase of water line replacement, replacing old asbestos-cement and lead-
jointed pipes with new C-900 PVC pipe. This will be the final replacement of all water lines on
Tybee Island that have lead joints per the Mayor and City Council’s directive.
III. Consideration of Ordinances, Resolutions
1 First Reading, 32-2016, Article III, Special Events
IV. Council, Officials and City Attorney Considerations and Comments
1 Monty Parks
i. Grant a grace period on land line phone service for STVR's that are inhabitable
V. Executive Session
1 Discuss litigation, personnel and real estate
VI. Possible vote on litigation, personnel and real estate discussed in executive session
VII. Adjournment
*PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings, should do so during the citizens to be heard section. Citizens wishing to place items on the council meeting agenda must submit an agenda request form to the City Clerk’s office by Thursday at
5:00PM prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City Hall and at www.cityoftybee.org.
THE VISION OF THE CITY OF TYBEE ISLAND
“is to make Tybee Island the premier beach community in which to live, work, and play.”
THE MISSION OF THE CITY OF TYBEE ISLAND
“is to provide a safe, secure and sustainable environment by delivering superior services through responsible planning, preservation of our natural
and historic resources, and partnership with our community to ensure economic opportunity, a vibrant quality of life, and a thriving future.”
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THIRD AMENDMENT TO INTERGOVERNMENTAL CONTRACT
(City of Tybee Island)
This Third Amendment to Intergovernmental Contract (this "Third Amendment"), dated as of November 1, 2016, between the GEORGIA INTERNATIONAL AND MARITIME
TRADE CENTER AUTHORITY, a public body corporate and politic and an instrumentality
of the State of Georgia, created under the laws of the State of Georgia (the "Authority"), and the CITY OF TYBEE ISLAND, a municipal corporation and a political subdivision of the State of Georgia (the "City");
W I T N E S S E T H:
WHEREAS, the City and the Authority entered into an Intergovernmental Contract (the "Contract") dated as of December 1, 1997, as amended, for the purpose of having the Trade Center Tax described in the Contract and collected by the City paid to the Authority in order to
assist the Authority in providing for the operation and management of the Georgia International
and Maritime Trade Center (the "Trade Center"); and
WHEREAS, Section 1.1 of the Contract, as amended, provides for its expiration on the earlier of December 31, 2016, or the date on which the Trade Center will no longer be operated
for the purposes authorized by Georgia law; and
WHEREAS, the parties hereto wish to extend the expiration date of the Contract pursuant to the terms of this Amendment;
NOW, THEREFORE, the City and the Authority agree as follows:
1. Section 1.3 of the Contract is hereby stricken in its entirety and a new Section 1.3 is hereby inserted in lieu thereof to read as follows:
Section 1.3 Effective Date; Duration of Term. This Contract shall be
effective as of December 31, 2016, and shall expire on the earlier of December
31, 2036, or the date on which the Trade Center is no longer operated for the purposes authorized by the Georgia law creating the Authority. This Contract may
be renewed by agreement of the parties hereto.
2. Notwithstanding any other provision contained in the Contract, the City is expressly
authorized to seek to increase its hotel/motel tax rate as authorized under O.C.G.A. § 48-13-51 [including, but not limited to, subsection (b) thereof] in order for the City to secure proceeds for tourism product development and other purposes. Thus, if the City secures
authorization for such an increase, it would no longer be collecting the tax pursuant to
O.C.G.A. § 48-13-51(a)(3.2) at a rate of 6% but, rather, would be collecting the tax
pursuant to local legislation and at a higher rate; however, the amount and the rate payable to the Authority would continue at 1 cent of the tax and, if necessary and
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appropriate, such payment may be made through and under a contract with the private
sector non-profit organization, as defined in O.C.G.A. § 48-13-51(A) of paragraph 8.
3. Except as amended hereby, all other provisions of the Contract shall remain in full force and effect.
IN WITNESS WHEREOF, the Authority and the City have caused this Amendment to
Intergovernmental Contract to be executed by their duly authorized officers in their respective
corporate names and their respective corporate seals to be hereunto affixed and attested, all as of the date first above written.
GEORGIA INTERNATIONAL AND MARITIME
TRADE CENTER AUTHORITY
(Corporate Seal)
By:_____________________________________
Chairman
Attest: _____________________________________
Secretary
CITY OF TYBEE ISLAND (Corporate Seal)
By:_____________________________________
Mayor
Attest:
_____________________________________
Clerk
Tybee/22781/Contracts-Agreements/Ga Int’l Maritime Trade Ctr/3d Ame - Trade Center Agreement – 11.02.16
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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: 12.21.16
Item: Approve bid award to lowest responsible bidder for Water Line Replacement Water project consists of a
second phase of water line replacement, replacing old asbestos-cement and lead-jointed pipes with new C-900
PVC pipe. The will be the final replacement of all water lines on Tybee Island that have lead joints per the
Mayor and City Council’s directive.
Explanation:. Note: A GEFA loan has been applied for to fund project. The GEFA Board meeting for award of loan is scheduled for the third week in January. City will have to front the project costs until the loan is approved and executed in January of 2017. T & H Budget for project is $1.232M. EPD and GDOT permits have
been received.
Budget Line Item Number (if applicable): TBD – revenue and expense lines will be established
Paper Work: __X__ Attached*
______ Audio/Video Presentation**
Submitted by: Diane D, Schleicher
Phone / Email: dsch@cityoftybee.org
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This map was created using geothinQ. geothinQ is a GIS web-based application created and powered by Thomas and Hutton www.geothinQ.com Tybee Island Water Main Replacement2/18/2016 Parcels20161221SpecialCityCouncilMeeting Page 5 of 64 20161209/jrl
DOCUMENT 00021
INVITATION TO BID
Legal Notice
1. Sealed proposals for CITY OF TYBEE ISLAND WATER SYSTEM IMPROVEMENTS owned by The City of Tybee Island will be received by the Council Chamber located at 403 Butler Avenue, Tybee
Island, Georgia, 31328, until 10:00 AM on Tuesday, December 20th, 2016 at which time they will be
publicly opened. No bid may be withdrawn after the closing time for the receipt of bids for a
period of sixty (60) days. Bid Proposal shall have Utility Contractor License Number written on the outside of the Bid Envelope
2. The project consists of the following generally described work:
Division 1: Installation of approximately 3,725 linear feet of 8–inch water main along US Highway 80 under the parking lane.
Division 2: Installation of 890 linear feet of 8–inch water main along Campbell Avenue, and 1,700
linear feet of 8–inch water main along 2nd Avenue / Van Horne and all other accessories required and as shown on the plans to complete a full operational system.
3. Plans and Specifications are open to inspection or may be obtained from Thomas & Hutton
Engineering Co., 50 Park of Commerce Way, Savannah, Georgia, 31405 upon payment of $ 200.00 for each set (plus shipping charges as applicable). Contact Karen Smulski or Denise Bussell at
(912)234–5300 (Fax 912–234–2950) to receive a complete bid set. The payment is non–refundable.
4. Bids shall be accompanied by a bid bond or certified cashier's check in an amount not less than 10% of the base bid. All bonds shall be by a surety company licensed in Georgia with an "A"
minimum rating of performance and a financial strength of at least five (5) times the contract
price as listed in the most current publication of "Best's Key Rating Guide Property Liability".
Performance and Payment Bonds, each in an amount equal to 100% of the contract price shall be required of the successful bidder if contract is awarded. Each Bond shall be accompanied by
a "Power of Attorney" authorizing the attorney–in–fact to bind the surety and certified to include
the date of the bond.
5. Owner reserves the right to reject any or all Bids, including without limitation, the rights to reject
any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of
any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the
Owner.
6. Funding: This project is funded by a loan through the Drinking Water SRF program of the Georgia Environmental Finance Authority.
7. A Pre–Bid Conference will be held on Tuesday, December 6th, 2016 at 1:30 PM in the City Hall
Council Meeting Room at the City Administration Building located at 403 Butler Avenue, Tybee Island, Georgia 31328, All prospective bidders encouraged to attend.
City Of Tybee Island
City Manager
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RFP #2016-690
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TYBEE ISLAND WATER SYSTEM IMPROVEMENTS
PREPARED FOR:
CITY OF TYBEE ISLAND
THOMAS & HUTTON PROJECT NO.
J–26269
RFP #2016-609
ADDENDUM NO. 1 December 14, 2016
GENERAL
The following information should be considered by prospective bidders in preparation of their
proposals and are hereby incorporated into the Proposal Documents. The City bid number 2016-
290 shall be addressed on the outside of the Bid Package Envelope.
PART I – PRE-BID CONFERENCE MINUTES:
A copy of the Pre-Bid Conference Minutes is attached and made part of this Addendum.
PART II – QUESTIONS AND CLARIFICATIONS:
1. Please confirm that it is the intent to open cut HWY 80 at the casing locations.
The intent is to open cut all piping on US Hwy 80. Crossing of Hwy 80 must be cased.
2. Has GA Power Co committed to holding / securing Power Poles as necessary without any
additional cost to the contractor?
No. Contractor shall coordinate with utility companies.
3. What is the material type of the existing water main and laterals i.e. pvc, ductile,
galvanized pipe etc?
Existing mains are a combination of cast iron with lead joints and asbestos cement.
4. C2.2 Note states that “only readily visible above ground utilities and structures were
located for this survey”. What is the intent for handling existing underground utilities that
are in conflict with the proposed construction?
Design level locates are typically not marked by the utility marking services. The
contractor shall call in a utility locate prior to commencing any construction and shall
coordinate with utility companies on utility conflicts.
5. Who will be responsible for the filing of the NOI & NOT?
The Engineer will file the NOI and NOT.
6. Who will be responsible for the inspections, sampling and weekly reporting?
The Contractor shall be responsible for inspections, sampling and weekly reporting.
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Addendum No. 1
December 14, 2016
Page 2 of 2
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7. Is the DBE & WBE participation a goal or requirement?
Contractor shall follow DWSRF guidelines for DBE/WBE participation as called for in the
Special Conditions.
8. Also I do not see a Wage Decision included in the project specifications.
A wage rate decision is attached for the project.
PART III – CONTRACT DOCUMENTS:
SECTION 00313 – BID FORM
1. Section 00313 has been revised. Replace with the attached Section 00313 – “Bid Form”.
The form includes new material and bid items. Changes to the Bid Form include an
Alternate item for remove and replacement of pavement without asphalt (for areas
involved in future GDOT mill and lay project – see attached revised detail sheet) as well as
an added line item for traffic signal loops. Bidder must use the enclosed form in preparation
for bids.
PART IV – DRAWINGS:
1. Sheet C3.1: Sheet revised to show alternative detail for remove and replacement of
pavement without asphalt.
2.
All other aspects of the project to remain unchanged.
THOMAS & HUTTON
Chris Stovall, P.E.
Project Manager
Attachments: Wage Decision
Revised Bid Form
Revised Sheet C3.1
End of ADDENDUM NO. 1
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City of Tybee Island
Water System Improvements
Pre-bid Meeting
12/4/16
Attendees:
Chris Stovall, Thomas & Hutton
Troy Davis, Griffin Construction
George Polites, BRW Construction
Diane Schleicher, City of Tybee Island
George Reese, City of Tybee Island
John Ryals, City of Tybee Island
Description: Division 1 – along US Hwy 80: 3700’ 8-inch water main – complete in 90 days
Division 2 – along Campbell Avenue, 2nd Street, and Van Horn Avenue:
2600’ 8-inch water main – complete within 210 days
Funding through DWSRF program. Follow rules for EEO, DBE
compliance/participation, debarment/suspension, certified payrolls, buy
American clauses
Project will be taking place potentially concurrently with a GDOT
resurfacing project. Coordination with the GDOT contractor shall be
required throughout the project along US Hwy 80.
Items:
1. Loops at crossings: An additional line item for loop installations will be added to
the bid form.
2. Parking lane planned to be closed during construction.
3. Remove and replace pavement: two separate line items will be provided on the
bid form for pavement replacement with asphalt and pavement replacement
without asphalt
4. Contractor shall be responsible for removing existing valve boxes prior to new
pavement.
5. Contractor shall install flowable fill on all 8-inch mains under pavement.
6. Ensure that the Bid Package Envelopes clearly include on the outside of the
envelop:
the City Bid # 2016-690 and addressed to Melissa Freeman
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DOCUMENT 00313
BID FORM
PROJECT IDENTIFICATION: City of Tybee Island
Water System Improvements
CONTRACT IDENTIFICATION
AND NUMBER: J – 26269
THIS BID IS SUBMITTED TO: City of Tybee Island
1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an
agreement with OWNER in the form included in the Contract Documents to perform and
furnish all Work as specified or indicated in the Contract Documents for the Bid Price and
within the Bid Times indicated in this Bid and in accordance with the other terms and
conditions of the Contract Documents.
2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid
and Instructions to Bidders, including without limitation those dealing with the disposition
of Bid security. This Bid will remain subject to acceptance for 60 days after the day of Bid
opening, or for such longer period of time that BIDDER may agree to in writing upon
request of OWNER.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:
(a) BIDDER has examined and carefully studied the Plans and Specifications for the
work and contractual documents relative thereto, and has read all Technical
Provisions, Supplementary Conditions, and General Conditions, furnished prior to
the opening of Bids; that BIDDER has satisfied himself relative to the work to be
performed.
(b) BIDDER further acknowledges hereby receipt of the following Addenda:
ADDENDUM NO. DATE
(c) BIDDER has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance,
and furnishing of the Work;
(d) BIDDER is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, performance, and furnishing of the
Work.
(e) BIDDER has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or
relating to existing surface or subsurface structure at or contiguous to the site
(except underground Facilities) have been identified in the Supplementary
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Conditions. BIDDER acknowledges that such reports and drawings are not
Contract Documents and may not be complete for BIDDER’s purposes. BIDDER
acknowledges that OWNER and Engineer do not assume responsibility for the
accuracy or completeness of information and data shown or indicated in the
Bidding Documents with respect to Underground Facilities at or contiguous to the
site. BIDDER has obtained and carefully studied (or assumes responsibility for
having done so) all such additional or supplementary examinations,
investigations, explorations, tests, studies and data concerning conditions
(surface, subsurface and Underground Facilities) at or contiguous to the site or
otherwise which may affect cost progress, performance or furnishing of the work
or which relate to any aspect of the means, methods, techniques, sequences
and procedures of construction to be employed by BIDDER and safety
precautions and programs incident thereto. BIDDER does not consider that any
additional examinations, investigations, explorations, tests, studies or data are
necessary for the determination of this Bid for performance and furnishing of the
Work in accordance with the times, price and other terms and conditions of the
Bidding Documents.
(f) BIDDER is aware of the general nature of Work to be performed by Owner and
others at the site that relates to Work for which this Bid is submitted as indicated in
the Bidding Documents.
(g) BIDDER has correlated the information known to BIDDER, information and
observations obtained from visits to the site, reports and drawings identified in the
Bidding Documents and all additional examinations, investigations, explorations,
tests, studies and data with the Bidding Documents.
(h) BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities or
discrepancies that BIDDER has discovered in the Bidding Documents and the
written resolution thereof by ENGINEER is acceptable to BIDDER. The Bidding
Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performing and furnishing the Work for which this Bid is
submitted.
(i) This bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any
agreement or rules of any group, association, organization or corporation; BIDDER
has not directly or indirectly induced or solicited any other Bidder to submit a false
or sham Bid; BIDDER has not solicited or induced any person, firm or corporation
to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself
any advantage over any other Bidder or over OWNER.
(J) Bidder is aware of the City of Tybee Island requirement for construction Warranty
period of no less than one (1) Year for equipment, materials, and workmanship.
4. BIDDER will complete the Work in accordance with the Contract Documents for the
following price(s):
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TYBEE ISLAND WATER SYSTEM IMPROVMENTS DIVISION I BID ITEMS
CLEARING, GRADING, AND EROSION CONTROL
Item Description Quantity Units Unit Price Total
1 Grassing 0.10 AC
2 Erosion, Sedimentation, and Pollution
Control JOB –
3 Traffic Control JOB –
Sub–Total: CLEARING, GRADING AND EROSION CONTROL
WATER DISTRIBUTION SYSTEM
4 8-inch PVC (Class 900, DR 18) Water Main 3570 LF
5 6-inch PVC (Class 900, DR 18) Water Main 88 LF
6 2-inch PVC (Class 900, DR 18) Water Main 169 LF
7 Connect to Existing 8-inch Water Main 3 EA
8 Connect to Existing 6-inch Water Main 1 EA
9 Connect to Existing 2-inch Water Main 3 EA
10 8-inch 90° Horizontal Bend 4 EA
11 8-inch 45° Horizontal Bend 10 EA
12 8-inch 22.5° Horizontal Bend 1 EA
13 8-inch 11.25° Horizontal Bend 3 EA
14 8-inch 45° Vertical Bend 22 EA
15 12-inch Steel Casing 83 LF
16 14-inch Steel Casing 175 LF
17 8"x2" Tapped Tee 3 EA
18 8"x6" Tee 1 EA
19 8"x8" Tee 4 EA
20 4" Manifold 1 EA
21 8"x4" Tee 1 EA
22 6-inch 45° Horizontal Bend 2 EA
23 6"x6" Tee 4 EA
24 6-inch 45° Horizontal Bend 4 EA
25 6-inch 45° Vertical Bend 2 EA
26 6-inch 11.25° Horizontal Bend 1 EA
27 2-inch 45° Horizontal Bend 6 EA
28 2-inch 90° Horizontal Bend 1 EA
29 2"x2" Tee 1 EA
30 6"x2" Tee 1 EA
31 8"x6" Reducer 1 EA
32 2-inch Service Lateral Pipe 547 LF
33 House Service Connections 36 EA
34 Abandon with Flowable Fill Existing 6-inch
Water Main 3445 LF
35 Fire Hydrant Assembly 4 EA
36 Remove Existing Fire Hydrant Assembly
Complete 1 EA
37 8-inch Gate Valve in Box 11 EA
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38 6-inch Gate Valve in Box 2 EA
39 4-inch Gate Valve in Box 1 EA
40 2-inch Gate Valve in Box 3 EA
41 Traffic Signal Loop at Crossings 4 EA
42 Pipe Pressure Testing JOB –
43 Stone Backfill* 100 CY
44 Sand Backfill* 100 CY
Sub–Total: WATER DISTRIBUTION SYSTEM
REMOVE AND REPLACE
44 Remove and Replace Asphalt Pavement 1433 SY
45 Remove and Replace Curb and Gutter 271 LF
46 Remove and Replace Concrete Sidewalk 144 SY
Sub–Total: CLEARING, GRASSING, AND EROSION CONTROL
Sub–Total: WATER DISITRIBUTION SYSTEM
Sub–Total: REMOVE AND REPLACET
TOTAL PROJECT
TYBEE ISLAND WATER SYSTEM IMPROVMENTS DIVISION I BID ALTERNATIVE
Item Description Quantity Units Unit Price Total
1 Remove and Replace Pavement without
Asphalt** 1 SY
TOTAL PRICE
TYBEE ISLAND WATER SYSTEM IMPROVMENTS DIVISION II BID ITEMS
CLEARING, GRADING, AND EROSION CONTROL
Item Description Quantity Units Unit Price Total
1 Grassing 0.35 AC
2 Erosion, Sedimentation, and Pollution
Control JOB –
3 Traffic Control JOB –
Sub–Total: CLEARING, GRADING AND EROSION CONTROL
WATER DISTRIBUTION SYSTEM
4 8-inch PVC (Class 900, DR 18) Water Main 3081 LF
5 6-inch PVC (Class 900, DR 18) Water Main 47 LF
6 2-inch PVC (Class 900, DR 18) Water Main 157 LF
7 Connect to Proposed 8-inch Water Main
at tee (Division II) 2 EA
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8
Connect Proposed 8-inch Water Main to
Existing 12-inch Water Main by 12"x8"
Tapping Sleeve and Valve
1 EA
9 Connect to Existing 8-inch Water Main 3 EA
10 Connect to Existing 6-inch Water Main 2 EA
11 Connect to Existing 2-inch Water Main 2 EA
12 8-inch 90° Horizontal Bend 2 EA
13 8-inch 45° Horizontal Bend 10 EA
14 8-inch 22.5° Horizontal Bend 3 EA
15 8-inch 11.25° Horizontal Bend 2 EA
16 8-inch 45° Vertical Bend 8 EA
17 8"x2" Tapped Tee 2 EA
18 8"x6" Tee 2 EA
19 8"x8" Tee 3 EA
20 3" Manifold 2 EA
21 8"x3" Tee 2 EA
22 6-inch 90° Horizontal Bend 2 EA
23 8"X6" Reducer 2 EA
24 2-inch 45° Horizontal Bend 4 EA
25 1-inch Service Lateral Pipe 925 LF
26 House Service Connections 49 EA
27 Abandon with Flowable Fill Existing 6-inch
Water Main 2900 LF
28 Abandon with Flowable Fill Existing 3-inch
Water Main 933 LF
29 Abandon with Flowable Fill Existing 2-inch
Water Main 275 LF
30 Fire Hydrant Assembly 5 EA
31 Remove Existing Fire Hydrant Assembly 3 EA
32 8-inch Gate Valve in Box 9 EA
33 6-inch Gate Valve in Box 1 EA
34 3-inch Gate Valve in Box 2 EA
35 2-inch Gate Valve in Box 2 EA
36 Pipe Pressure Testing JOB –
37 5' Sidewalk 493 LF
38 Crosswalk Painted Stripe 165 LF
39 Stone Backfill* 100 CY
40 Sand Backfill* 100 CY
Sub–Total: WATER DISTRIBUTION SYSTEM
REMOVE AND REPLACE
41 Remove and Replace Asphalt Pavement 803 SY
42 Remove and Replace Gravel Driveway 74 SY
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43 Remove and Replace Asphalt Driveway 21 SY
44 Remove and Replace Concrete
Driveway 62 SY
45 Remove and Replace White Rock
Driveway 56 SY
46 Remove and Replace White Shell
Driveway 10 SY
47 Remove and Replace Construction Rock
Driveway 10 SY
48 Remove and Replace Concrete
Sidewalk 15 SY
49 Remove and Replace 2'x2' Brick Column 1 EA
50 Remove and Replace Timber and Rope
Fence 70 LF
Sub–Total: CLEARING, GRASSING, AND EROSION CONTROL
Sub–Total: WATER DISITRIBUTION SYSTEM
Sub–Total: REMOVE AND REPLACE
TOTAL PROJECT
* These items are of an indeterminate quantity and are presented only to establish a
unit price. These items may or may not be utilized in the construction of the project.
No payment will be made for these items without written authorization from Owner or
Engineer.
** In lieu of base bid for remove and replace asphalt pavement, provide a price for
remove and replace of pavement excluding the 2" of 12.5 mm superpave asphalt.
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and /100 Dollars
($ )
Unit Prices have been computed in accordance with paragraph 11.03.B of the General
Conditions.
BIDDER acknowledges that estimated quantities are not guaranteed and are solely for the
purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on
actual quantities determined as provided, determined as provided in the Contract Documents.
5. BIDDER agrees that the Work will be substantially complete within 210 calendar days
after the date when the Contract Times commence to run as provided in paragraph 2.03
of the General Conditions, and completed and ready for final payment in accordance
with paragraph 14.07.B of the General Conditions within 230 calendar days after the
date when the Contract Times commence to run.
6. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event
of failure to complete the Work within the times specified in the Agreement.
7. The following documents are attached to and made a condition of this Bid:
(a) Required Bid Security in the form of l0% of the Bid Total Price.
8. The undersigned further agrees that in case of failure on his part to execute the said
contract and the Bond within fifteen (15) consecutive calendar days after written notice
being given of the award of the contract, the check or bid bond accompanying this
bid, and the monies payable thereon shall be paid into the funds of the Owner as
liquidated damages for such failure, otherwise, the check or bid bond accompanying
this proposal shall be returned to the undersigned.
9. Communications concerning this Bid shall be addressed to:
Thomas & Hutton Engineering Co.
50 Park of Commerce Way
Savannah, GA 31402
Attn: Chris Stovall, P.E.
stovall.c@thomasandhutton.com
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10. Terms used in this Bid which are defined in the General Conditions or Instructions will have
the meanings indicated in the General Conditions of Instructions.
SUBMITTED on
CONTRACTOR'S NAME
ADDRESS:
BY:
State Contractor License No.
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Savannah, GA 31405 • 912.234.5300 20161221SpecialCityCouncilMeetingPage 22 of 6420161209/jrl
ORDINANCE NO. 2016-32
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, TO AMEND ARTICLE III, SPECIAL EVENTS, TO REPEAL CONFLICTING ORDINANCES,
TO ESTABLISH AN EFFECTIVE DATE AND FOR OTHER PURPOSES 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
WHEREAS, all special events share one element in common: an assembly of people; and
WHEREAS, the City is an extremely active tourist destination which attracts large
numbers of visitors who reside elsewhere and quite naturally and frequently are less inhibited in
their conduct than they are at home; and
WHEREAS, the Mayor and Council find, and common sense dictates, that tourists often
have no obligatory plans and, in fact, are looking for something fun to do; and
WHEREAS, the presence of large numbers of relatively uninhibited people looking for
something fun to do is fertile ground for an assembly of people relatively unrestrained by the
conventions they would feel at home; and
WHEREAS, any assembly of a large number of people, especially uninhibited people
looking for something to do without any immediate obligations, will create circumstances
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contrary to the health, safety and welfare of the persons assembled and the community as a
whole if adequate preparation for the event is not made and executed; and
WHEREAS, adequate preparation requires notice and an opportunity to organize
resources, and for large events, the contribution of additional resources; and
WHEREAS, special events and tourism is critical to the local economy and, for many
years, the City has investigated, and managed special events; and
WHEREAS, the City has previously adopted an ordinance regulating the conduct of
special events through a permitting process requiring the producer of the event to demonstrate
credible plans to provide event security, municipal type services and event traffic control and to
faithfully execute those plans upon penalty of the city closing the event (the "Article III -
Special Event Ordinance"); and
WHEREAS, the Special Event Ordinance in essence required the event producer to think
through the needs and effects of the event assembly and give the city the information and time
required to coordinate its public safety efforts to accommodate the event and, with adjustments
for lessons learned along the way, the Special Event Ordinance has met those purposes; and
WHEREAS, the Mayor and Council find that the requirements of the Special Event
Ordinance did not diminish the production of events but, in fact, improved them and assisted
novice event producers; and
WHEREAS, in 2015 and before, due to changes in social media and the conduct of large
crowds, the City began to study the need to further regulate special events held within the city
by commercial promoters attracting crowds of people which, on the one hand, is good for the
tourism economy of the City and Chatham County, especially when overnight guests attend, but
on the other hand places a strain on the limited resources of the City to protect persons and
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property by policing the event, policing the off-site activities of the local and visiting attendees
which inevitably accompany such events, and to control event related traffic, sometimes away
from the site; and
WHEREAS, the Mayor and Council find that the predominate business and commerce of
the City, and the basis of its revenue is tourism and that special events are a critical and positive
component of that tourism, and the Mayor and Council declare their intent to continue to
support and encourage special events of all types but determines that additional rules are
necessary to curb the adverse, secondary effects of events which mushroom beyond the capacity
of their venue and logistical support; and
WHEREAS, the City acknowledges that the permit requirements of the Special Event
Ordinance, as amended here, can be easily argued to affect lawful assemblies and speech and
therefor the city has established reasonable time frames adjusted for the size and complexity of
the assembly, to consider and respond to the request for a permit and prompt notice and appeal
rights in the event an application is denied; and
WHEREAS, the Mayor and Council acknowledge that the ways in which the Special
Event Ordinance has been and will be applied are the best evidence of the City's commitment to
special events and to the rights of the event organizers and event participants to assemble, and
finds that, to date, there have been no complaints that staff has applied the existing ordinance
unfairly; and
WHEREAS, to date the Special Event Ordinance has primarily focused upon planned
events; and
WHEREAS, the Mayor and Council find and determine that the advent and virtually
universal spread of social media through the demographic of visitors to the City of Tybee Island
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has, with greater frequency, caused special event type entertainment assemblies to be
commercially produced and promoted very quickly and in hastily created or converted venues
with little or no notice or adequate private or public planning and provision for security, crowd
control, traffic control and parking, and safety, and in some cases these events have
spontaneously occurred with no accountable producer or any planning or preparation (Pop-Up
Events); and
WHEREAS, the Mayor and Council find and determine that both commercial Pop-Up
Events (with an identifiable producer) and spontaneous Pop-Up Events are contrary to the
health, safety and welfare of the community due to the lack of internal planning and control, and
notice to the City to permit external planning and protection; and
WHEREAS, the Mayor and Council also find and determine that the lack of internal and
external planning and control of Pop-Up Events creates secondary effects that frequently
become a public and private nuisance, including by way of example and not limitation, traffic
congestion, pedestrian trespass, vehicular trespass, illegal parking, illegal drug and alcohol use,
violence and other breaches of the peace, especially where a large crowd of pedestrians and
even vehicles are held waiting outside a venue that is at capacity or attempt to access a venue
that has essentially unlimited access; and
WHEREAS, the Mayor and Council also find and determine that commercial Pop-Up
Events will continue and, in fact, increase and that the producers of these events should be
required to think through the needs and effects of the event assembly and give the city the
information and time required to coordinate its public safety efforts to accommodate the
attendees, just as traditional special events which in the past were publicized and promoted
through slower and more predictable media; and
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WHEREAS, the Mayor and Council recognize that spontaneous Pop-Up Events in a non-
commercial venue present a more difficult issue in a free society because they are, in fact, a
spontaneous assembly which is the right of a free people, but the Mayor and Council also find
and determine that when such an assembly begins to create the same adverse effects which are
attendant to an unregulated traditional special event, that is such things as neighborhood trespass
of persons or vehicles, illegal parking, traffic congestion, frequent or repeated violations of the
law facilitated by the anonymity of the crowd, a need for sanitation facilities, etc., then it is
reasonable and lawful to place upon the owner or person in control of the venue, after notice, the
duty under penalty of law to do all that he or she can reasonably do to bring the event under or
within the threshold limits of the criteria which caused the assembly to become problematic; and
WHEREAS, the Mayor and Council find and determine that the placing upon the owner
or person in control of a non-commercial venue where a spontaneous special event occurs the
duty to do all they reasonably can to bring the assembly under control will create a needed
incentive for owners to pay attention to their property and be alert to not allowing assemblies
upon their property to get out of control in the first place; and
WHEREAS, the Mayor and Council also find and determine that the City and other cities
have experienced an entirely new Pop-Up Event phenomenon, that is, a spontaneous special
event "organized" through social media with no accountable producer or promoter, but still
generating the same types of needs and effects as a traditional special event, albeit so far on a
smaller scale; these Pop-Up Events include by way of example and not limitation, "open" house
parties (no invitation required); "pay-party" house parties (no invitation required, leave money
at the door) and large beach assemblies with amplified music; and
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WHEREAS, the Mayor and Council also find and determine that the variety, uniqueness,
innovation and timing of modern special event assemblies, some commercially promoted and
others spontaneously occurring and all frequently publicized and promoted through
instantaneous social media as well as traditional media, require the City to adopt a more flexible
and commonsense approach to defining and determining what is a special event; and
WHEREAS, the Mayor and Council have received and considered extensive testimony
from the public, from promoters and producers of special events and from staff, including the
Fire Chief, the Chief of Police and the City Manager, regarding what should be considered a
special event and the issues and opportunities for mischief accompanying them and, moreover,
the Council members have personally witnessed virtually all of these issues from time to time
and find that the testimony presented in support of this ordinance is consistent with their own,
first-hand experience; and
WHEREAS, by this ordinance, based upon that testimony and experience, the Mayor and
Council intend to establish specific criteria defining and determining what should be considered
a special event under the totality of the circumstances at hand and to authorize staff to apply that
criteria in each specific case; and
WHEREAS, the City has attempted in the past to define special events based primarily
upon anticipated attendance and found that method to be unreliable sometimes in the age of
social media; and
WHEREAS, the Mayor and Council are aware of the inalienable right of citizens in a free
state to assemble peacefully and without creating a public nuisance, and to speak and entertain
freely, but expressly find that the type of assemblies that will trigger the application of this
ordinance create a real and imminent threat to the health, safety and welfare of the event patrons
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as well as the community if the notice, planning, preparation, services and control required by this
ordinance is not provided, and based upon years of experience the City finds that there is no less
intrusive way of handling the situation in the extremely active tourist environment of the City, so
to borrow from Mr. Justice Holmes, "Upon this point a page of history is worth a volume of
logic." N.Y. Trust Co. v. Eisner, 256 U.S. 345, 349 (1941) and the City has been working with
special events for several decades, regulating them for the last; and
WHEREAS, the Mayor and Council are aware that the authority given staff to interpret
and apply the specific criteria established in this ordinance in order that the City may timely
consider the totality of the circumstances in each unique case, may be argued to invite arbitrary
or capricious chilling of the rights of free speech or assembly but, Justice Holmes again, “Great
constitutional provisions must be administered with caution. Some play must be allowed in the
joints of the [government] machine.” Missouri, K&T. Ry. Co. of Texas v. May, 24 S. Ct. 638
(1904); and
WHEREAS, the City finds and determines it necessary to update and amend the Special
Events Ordinance to better regulate traditionally produced and marketed special events and to
add Pop-Up Events because, without these amendments, events will overrun the current law;
and
WHEREAS, the Mayor and Council find and determine that this ordinance will promote
the public good by establishing necessary standards to define special events in the digital age, to
create incentives and mechanisms to promote the public welfare by fostering preparation for,
and curbing the excesses of, assemblies which by these same standards become events needing
some level of support and control to protect persons and property, and therefore that, although
this ordinance contains penalties, it is adopted for a remedial purpose and if challenged should
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nonetheless be given an equitable construction in order to achieve the clear remedial purposes
determined by the legislative Council. N. Securities Co. v. US, 24 S. Ct. 436 (1904); and
WHEREAS, the Mayor and Council recognize the power and discretion that is being
granted to city staff, including the City Manager and Police Chief, and that the City seeks to
provide certain objective standards for the City Manager and Police Chief to use in enforcing
this ordinance, so that the ordinance is narrowly drawn, reasonable, has definite standards
guiding the hands of the city staff; and
WHEREAS, the Mayor and Council recognize that the provisions of this ordinance are
somewhat complex and interrelated by the definitions employed and the form by which the
ordinance is structured, but also find that the events and assemblies upon which the substance of
this ordinance applies are quite varied and must be considered several and not interdependent,
so that if this ordinance is found to be unenforceable, in whole or in part, against one or more
classes of events or assemblies, the remainder may easily be left in force, and should be left in
force for the public good; and
WHEREAS, the governing authority desires to amend Section 54-70 et. seq so as to
clarify same, to repeal all conflicting ordinances, to provide for an effective date and for other
purposes.
NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that
Article III, Special Events, of the Code be amended and shall read as follows:
SECTION 1
The Code of Ordinances is hereby amended so as to revise Article III, Special Events, so
that it shall hereafter read as follows:
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ARTICLE III. - SPECIAL EVENTS
Sec. 54-70. Definitions
For the purposes of this Article, Special Event shall mean any assembly of persons upon the
public beaches, public streets or rights of way, or within the City parks or parking lots, where it is either
reasonably anticipated that municipal services will be required, or where additional municipal services are
actually required. There are two general types of special events that require a permit under this Article,
those that are planned and permitted and unplanned/pop up special events.
(a) MUNICIPAL RESOURCES ANTICIPATED TO BE REQUIRED (Planned event). The
gathering is reasonably anticipated to require for its safe and successful execution the provision or
coordination of municipal services by the City or by the event producer to a material degree above that
which the City routinely provides under ordinary, everyday circumstances. Municipal services include,
but are not limited to fire and police protection, crowd control, traffic control, parking control, street
closure, emergency medical services, garbage or trash facilities or clean-up and sanitation facilities
(herein "municipal services:).
(b) MUNICIPAL RESOURCES ACTUALLY REQUIRED (Pop-up Event). The municipal
services required for an unpermitted assembly exceed at any point in time the level of municipal services
typically available from the City for that time and season after taking into consideration the similar,
municipal-type services provided by the person or persons, if any, encouraging the assembly.
Notwithstanding the foregoing, any planned special event to be held in any part of the
beach is presumed to be a special event, except for specifically enumerated exceptions that are a part of
this ordinance. This presumption can be rebutted only by the event producer providing clear and
convincing evidence that, based upon the nature, location, time and season of the event there is a high
degree of probability that the event will not draw a crowd in excess of one person for every seven (7)
square feet of beach controlled by the producer, or where people are gathered for purposes of the event.
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(c) PRODUCER. As used herein, the term “Producer” means an individual, individuals or
any entity that attempts to promote or does promote an event or gathering of people by way of
advertising, social media, directly or indirectly, the event or gathering and promotes the attendance at an
event or gathering and who supervises or finances an event. Such term shall be synonomos with
“promoter” and includes a person or entity who directly or indirectly encourages, persuades, or advertises,
or uses publicity to encourage or persuade attendance at an event or gathering.
Sec. 54-71. Permits.
(a) In the interests of the public's convenience and safety and availability of city services, persons
or organizations wishing to host a special event must first obtain a permit from the city manager or his
designee. The permit application shall include, but not necessarily be limited to, the following information:
(1) Description of event including the location, date/time, activities, entertainers,
estimated number of participants.
(2) Name, address and telephone number of sponsoring organization and its responsible
representative. This includes the name and address of all natural persons or organizations controlling at least a
five percent stake in the event.
(3) Method of notification of participants.
(4) Publicity plan, if open to the general public.
(5) Parking/traffic control requests and concerns.
(6) Public safety requests and concerns, if any.
(7) Impacts on other city services, if any.
(8) Whether alcoholic beverages will be permitted in the event.
(9) Whether there is a request for the City to activate the Festival Zone.
(b) Each application for a special event permit required by this Article shall contain the
information described in Sec. 54-71(a) and must be filed, and the permit fee paid, no less than sixty (60)
days before the opening of the event to the public. Notwithstanding the forgoing, the City Manager
shall accept a tardy application if (i) City staff has the capacity to conduct an ordinary review of the
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application without causing material neglect of other staff duties or, (ii) the event promoter stands willing
and able to pay and deposits a sum of money to cover any overtime for City staff to conduct an ordinary
review of the application, and staff volunteers such overtime, then the City will use reasonable efforts to
process a tardy application in time to allow the event to be held. Applications shall be reviewed in the
order received and priority shall be given to timely filed applications.
(c) All applications shall contain language indemnifying and holding harmless the City, its
elected officials, officers, agents, and employees, in language approved by the City Attorney.
(d) It shall be unlawful to engage, conduct, promote, or provide entertainment to any special
event without first receiving a permit from the City pursuant to this Article.
(e) Exceptions.
(1) Funeral processions;
(2) Students going to and from school classes or participating in educational
activities, provided that such conduct is under the immediate direction and supervision of the proper
school authorities; and
(3) Training exercises conducted by federal, state or local officials, so long as the
training exercise has been approved by the City Manager.
Sec. 54-72. Application and Plan.
(a) Each plan included in the special event application, and any conditions imposed by the
City Manager pursuant to Sec. 54-75(e), shall be continuously implemented during the special event, and
any failure to do so shall result in the automatic suspension of the permit and suspension of the event
until full implementation is made.
(1) Should the actual attendance at any special event, including persons attempting to
enter the event, or the municipal services actually required at a permitted event exceed for a period of one
(1) hour the number or level anticipated by the application and permit, it shall become the duty of all
persons owning or able to control the event or the event venue to take reasonable, diligent, and constant
measures to reduce the excess until the planned number or level is reasonably achieved. The failure of any
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such person to immediately, after notice from the City, make a reasonable, diligent and constant effort to
reduce the excess shall be a violation of this law punishable by civil penalties specified in this Article.
The Chief of Police or his designee is authorized to approve actions to partially or slowly reduce the
excess as compliance if he or she finds (i) that such person is acting in good faith after notice of the
excess, (ii) that full and immediate elimination of the excess will not be feasible and (iii) that it would be
safer to taper down the event rather than to abruptly close the venue or stop the event.
(2) Conversely, should actual attendance fall below the permit estimates for a
sustained period and appear likely to continue at reduced levels, the City Manager or his designee shall
be authorized, but not required, to allow the applicant to reduce staffing to the minimums reasonably
required.
Sec. 54-73. Unpermitted Assembly (Pop-up events).
The City has found and determined that some special events occur without a permit, especially if
attendance is promoted through instantaneous, social media.
(1) If an assembly develops into a special event (without a permit) it shall become the duty of
all persons or entities owning or able to control the special event or who is providing entertainment
encouraging the assembly, to take reasonable, diligent and constant measures to reduce the activity or
circumstances which caused the assembly to become a special event - that is for example but not limited
to, reducing the number of attendees, or to provide the additional municipal type services needed to
regulate event traffic, maintain the peace and protect the public health and safety. The failure of any
such person or entity to immediately after notice from the city make a reasonable, diligent and constant
effort to reduce the event attendance or otherwise provide adequate services, to the satisfaction of the
Chief of Police or his/her designee shall be a violation of this law punishable by civil penalties specified
in this Article. The Chief of Police or his designee is authorized to approve actions to partially or slowly
reduce the event attendance to a point where it is not considered a special event if he or she finds (i) that
such person is acting expeditiously and reasonably to employ feasibly available resources to address the
issues after notice that the assembly has become a special event, (ii) that full reduction to the criteria
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threshold will not be feasible and (iii) that it would be safer to taper down the event rather than to
abruptly close the venue or stop the event.
(2) Whether a spontaneous assembly has developed into a special event based upon
attendance or a need for municipal services (as those services are defined in this Article), shall be
determined by an objective and reasonable examination of the totality of the circumstances at hand,
including but not limited to the following factors:
(a) With respect to attendance and attempted attendance:
(i) Whether the attendance is ticketed.
(ii) Actual attendance at prior, similar events.
(iii) The extent of commercial promotion and advertisement of the event,
especially promotion outside of the City of Tybee, by traditional or digital means, but excluding
spontaneous social media not initiated, encouraged or orchestrated by a commercial event producer or
any person acting on behalf of the event producer or any person with a financial or other personal interest
in the event ("spontaneous social media").
(iv) The extent of spontaneous social media encouraging attendance at the
assembly.
(v) Whether the location and configuration the assembly, and the nature and
presence (sight and sound) of the event, will be likely to draw attendees or observers from the public at
large.
(vi) The number in attendance and attempting to attend shall be determined
by the Chief of Police or his designee using recognized or previously established law enforcement
estimating techniques.
(b) With respect to municipal services actually required:
(i) Repeated pedestrian trespass.
(ii) Repeated vehicular trespass.
(iii) Illegal parking.
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(iv) Traffic congestion.
(v) Apparent need for sanitation facilities as evidenced by public urination
or other bodily functions.
(vi) Repeated and flagrant instances of illegal activity.
(vi) Repeated noise ordinance violations after notice, including differing
offenders.
(vii) Unusual amount of trash being abandoned with no apparent resources
available to clean up after event.
(viii) Unusual or repeated need for medical assistance.
(3) When the City is aware of the planning of an assembly in which the Chief of Police
determines is more likely than not to become a special event, as defined by this ordinance, then the City
Manager may notify anyone promoting, organizing, or otherwise planning to attend that they may be
subject to this ordinance and all resulting criminal and civil penalties. Said communication shall also
include a copy of a special event application and a copy of this ordinance.
(4) In addition to the procedures described above, the Mayor and Council of the City may by
resolution impose restrictions on activities including, but not limited to, the public consumption of
alcoholic beverages in areas designated in such resolution upon a report to the Mayor and Council that an
unpermitted event is being promoted and advertised, published on social media, or by leaflets or by other
means where such promotion reasonably indicates to the Mayor and Council that there is an immediate
risk to the public safety, welfare, citizens and property of those participating in the event and residents of
the City. Upon the passage of any such resolution pursuant to the provisions of this subsection, the
resolution shall be posted on the City’s website and publication and dissemination thereof shall be
encouraged and notice thereof shall be disseminated to the fullest extent possible so as to alert the public,
the event producers or promoters and all persons whatsoever of the lack of permission for the event
and/or a prohibition on the public consumption of alcoholic beverages during such dates, times and
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locations as set forth in the resolution.
Sec. 54-74. Fees.
(a) As part of the application review process, together with the services requested by the
applicant, the city manager shall set fees to defray the costs of city services for special events to be determined
on the basis of actual expected costs. The costs shall be the marginal costs directly associated with the special
event above what the general public would generally require. Such fees may be adjusted to the extent that the
city co-sponsors a special event, as determined by the city manager. In the instance of a spontaneous
unpermitted special event, where the City incurs marginal costs directly associated with the unpermitted
special event, the fee shall still be calculated and applicable as further provided herein.
(b) The level of municipal services required shall be determined by an objective, reasonable
examination of the totality of the circumstances, including but not limited to the following factors:
(1) The size of the assembly and the anticipated attendance.
(2) The location of the event to determine the potential for pedestrian and vehicular
congestion.
(3) The nature of the event, the activities planned during it and the weather
conditions of the season to evaluate the danger of harm to persons and property such as a fireworks
explosion, a collision of participants or spectators, spectator or participant heatstroke, drowning, and the
like.
(4) The historical density of visitors to the City during the annual season of the
event and the type of activities, safe and unsafe, in which those visitors have historically engaged.
(5) Whether the assembly is specifically designed and staffed to handle the
anticipated needs and effects of the anticipated number of attendees.
(c) The City shall notify the applicant of the municipal services fee, and if requested grant a
meeting with the City Manager to confer with the applicant about the fee. If the applicant does not accept
the type and extent of municipal services listed and the amount of the municipal services fee, the City
shall nonetheless proceed in ordinary course to complete the application process and either deny the
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permit through the process contained in this Article without consideration of the applicant's objection to
the fee, or if the applicant is entitled to the permit then grant the permit upon the condition that the
municipal services fee be paid before the permit becomes valid or effective. The applicant shall have the
right to appeal to the Mayor and Council the type and extent of services required and the amount of the
fee by letter filed with the City Clerk within three (3) business days after the City shall provide the
applicant the itemization and amount of the fee which notice shall state that the applicant may appeal
within three business days. The Mayor and Council shall uphold or lessen the fee based upon information
about the extent of services to be rendered by the City directly related to the event and the cost of those
services as presented by City Manager or his/her designee and the applicant in a de novo, quasi-judicial
hearing held as soon as may be practicable. The Mayor and Council's decision, including its reasons
therefore, shall be announced at the conclusion of the hearing and entered onto the record thereof which
shall constitute the Council's final order in any subsequent proceedings. The hearing may be continued
from time to time in the sole discretion of the Mayor and Council. If the Mayor and Council is unable to
timely conduct or conclude the hearing in time for the event to be held pursuant to an otherwise valid
permit, the applicant may pay to the City the disputed fee under protest, and the permit shall become
effective so that the event may be held, in which case the hearing shall be held and concluded after the
event at a mutually convenient time. If the fee is upheld, it shall be accepted by the City; if it is reduced
the reduction shall be refunded to the applicant.
(d) In the event of an unplanned and unpermitted special event, anyone who promoted, planned,
executed, provided entertainment, or attended shall be responsible for the applicable municipal services fee.
This includes anyone that promotes through social media. The City Manager is authorized to direct the City
Attorney to pursue all legal remedies necessary to collect any fees that are authorized pursuant to ordinance.
(Code 1983, § 7-1-2)
Sec. 54-75. Action on the Application and Appeal.
(a) The City Manager must decide to grant or deny an application at the earliest possible
time after receipt.
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(b) The City Manager may deny a permit only on one or more of the following grounds:
(1) The permit application is incomplete; a complete application is one that provides
all the information or items required by this Article regardless of the sufficiency of the information or
item.
(2) The application fee has not been paid;
(3) The proposed event is unlawful;
(4) The application contains a material falsehood or misrepresentation;
(5) It reasonably appears that the proposed event will present a clear and present
danger to the public safety or health;
(6) The proposed event is of such a nature or duration that it cannot be reasonably
accommodated in the particular location; or
(7) The applicant has refused to attend or participate in good faith in a pre-permit
meeting requested by the City Manager following reasonable notice and scheduling attempts by the
City Manager and failed to propose reasonable alternatives.
(c) The City Manager is expressly prohibited from denying any permit based upon the
identity of any speaker or entertainer or the viewpoint, content, or type of speech or expression to be
displayed so long as such speech or expression is lawful.
(d) Every denial of a permit shall be in writing and shall clearly explain the reason(s) for
denial. A denial of a permit application as "incomplete" must identify the specific information required
by this Article which was not provided. A denial based upon the unlawfulness of an event must identify
the law or regulation prohibiting such conduct. A denial based upon a clear and present danger to the
public safety or health must identify the specific conditions which reasonably give rise to the danger. A
denial based upon the fact that the proposed event cannot be reasonably accommodated in the particular
location applied for must state specific reasons why the area is unsuitable for the event. A denial based
upon an applicant's refusal to attend or participate in good faith in a pre-permit meeting, or suggest an
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alternative, shall identify the steps taken to provide reasonable notice and scheduling of such meeting
and, if applicable, any conduct at the meeting demonstrating bad faith participation by the applicant. The
purpose of the requirement is to allow the applicant to know the grounds upon which the permit was
denied and to permit Mayor and Council the opportunity to verify and confirm the objective validity of
any denial and to ensure that any limited discretion given to the City Manager under this Ordinance is
not abused so as to disfavor protected speech or expression.
(e) The City Manager may condition any permit with reasonable requirements concerning
the time, place or manner of holding a special event as is necessary to coordinate municipal services,
multiple uses of public property, assure preservation of public property and public places, prevent
dangerous, unlawful or impermissible uses, protect the safety of persons and property and to control
vehicular and pedestrian traffic in and around the venue, provided that such requirements are narrowly
tailored to address these concerns and are not implemented for the purpose of regulating or restricting
protected speech or expressive conduct.
All permit applications shall be deemed granted as applied for if the City Manager does
not grant, grant with conditions, or deny the permit in writing within thirty (30) calendar days of receiving
an application. A permit which is granted automatically under this section is conditioned upon any
required city services fee being paid before the permit becomes valid or effective. If an applicant
disagrees with the fee required, the provisions of Sec. 54-71(c) shall control. The automatic granting of
permits provided in this section shall not apply if:
(1) The permit application fee has not been paid;
(2) The City Manager has indicated his intent to deny a permit and the applicant has
agreed, in writing, to supply the City Manager with additional information which may allow the permit to
be granted. In this case, the permit application will be deemed granted if the City Manager does not grant,
grant with conditions, or deny the permit in writing within ten calendar days of receipt of the additional
information, unless the applicant agrees in writing to provide further additional information, which shall
renew the terms and time-frames of this paragraph; or
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(3) The City Manager requests additional time to review the application and the
request is agreed to in writing by the applicant. In this case, the permit application will be deemed granted
if the City Manager does not grant, grant with conditions, or deny the permit in writing by the expiration
of the agreed date.
(f) Every denial of a permit and every conditional grant of a permit challenged by an
applicant is appealable to the Mayor and Council by letter filed with the City Clerk within three (3) business
days after receipt of the denial or proposed conditional grant. The Mayor and Council shall grant or deny the
permit, or uphold or rescind the conditions, based upon information presented by the applicant and the City
Manager or his designee in a de novo, quasi-judicial hearing held as soon as practicable. The Mayor and
Council's decision, including its reasons therefor, shall be announced at the conclusion of the hearing and
entered onto the record thereof which shall constitute the Mayor and Council's final order in any subsequent
proceedings and which may, but shall not be required to, express findings of fact and conclusions of law.
The hearing may be continued from time to time in the sole discretion of the Mayor and Council, provided
that if the Mayor and Council does not render a final order within fifteen (15) days after filing of the letter of
appeal the permit shall be deemed granted.
Sec. 54-76. Penalty for violation.
In addition to any civil penalties that the City may pursue, any person convicted of violating any of the
provisions of this article shall be punished by a fine not to exceed $1,000.00 or imprisonment for a term not
exceeding 60 days or by both such fine and imprisonment.
(Code 1983, § 7-1-4)
Sec. 54-77. Liquor prohibited.
Consistent with the provisions of section 6-12, no liquor may be sold or otherwise distributed at any
special event conducted under the provisions of this article except for special events conducted on private
property and approved by the mayor and council.
(Ord. of 4-10-2008(4); Ord. of 9-25-2008(2))
Sec. 54-78. Weather and other changes.
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Once a special event has been permitted, location and date changes necessitated by weather events or
other calamity shall not require further permitting, and all authorizations and licenses or permissions applicable
to the original permit shall continue to the extent applicable. Notwithstanding the foregoing, the permit holder
must cooperatively work with staff on different dates, locations and times.
The City Manager shall have the authority to revoke a permit in the event that weather or other environmental
conditions presents a substantial likelihood of danger to the public, and event organizers and attendees.
(Ord. of 9-25-2008(2))
Secs. 54-79. Severability.
Should any section, provision, or clause of any part of this ordinance be declared invalid
or unconstitutional, or if the provisions of any part of this ordinance as applied to any particular
situation or set of circumstances be declared invalid or unconstitutional, such invalidity shall not
be construed to affect portions of this ordinance not so held to be invalid, or the application of
this ordinance to other circumstances not so held to be invalid. It is hereby declared as the intent
of the City that this ordinance would have been adopted had any such invalid portion not been
included herein.
Secs. 54-80 - 54-109. - Reserved.
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.
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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 , 2016.
______________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING: ______
SECOND READING: ______
ENACTED: ______
Tybee/Ordinances/2016/2016-32 Amend Art III Special Events 11.21.16
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ORDINANCE NO. 2016-32
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA,
TO AMEND ARTICLE III, SPECIAL EVENTS,
TO REPEAL CONFLICTING ORDINANCES, TO ESTABLISH AN EFFECTIVE DATE AND FOR OTHER PURPOSES
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
WHEREAS, all special events share one element in common: an assembly of people; and
WHEREAS, the City is an extremely active tourist destination which attracts large
numbers of visitors who reside elsewhere and quite naturally and frequently are less inhibited in
their conduct than they are at home; and
WHEREAS, the Mayor and Council find, and common sense dictates, that tourists often
have no obligatory plans and, in fact, are looking for something fun to do; and
WHEREAS, the presence of large numbers of relatively uninhibited people looking for
something fun to do is fertile ground for an assembly of people relatively unrestrained by the
conventions they would feel at home; and
WHEREAS, any assembly of a large number of people, especially uninhibited people
looking for something to do without any immediate obligations, will create circumstances
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contrary to the health, safety and welfare of the persons assembled and the community as a
whole if adequate preparation for the event is not made and executed; and
WHEREAS, adequate preparation requires notice and an opportunity to organize
resources, and for large events, the contribution of additional resources; and
WHEREAS, special events and tourism is critical to the local economy and, for many
years, the City has investigated, and managed special events; and
WHEREAS, the City has previously adopted an ordinance regulating the conduct of
special events through a permitting process requiring the producer of the event to demonstrate
credible plans to provide event security, municipal type services and event traffic control and to
faithfully execute those plans upon penalty of the city closing the event (the "Article III -
Special Event Ordinance"); and
WHEREAS, the Special Event Ordinance in essence required the event producer to think
through the needs and effects of the event assembly and give the city the information and time
required to coordinate its public safety efforts to accommodate the event and, with adjustments
for lessons learned along the way, the Special Event Ordinance has met those purposes; and
WHEREAS, the Mayor and Council find that the requirements of the Special Event
Ordinance did not diminish the production of events but, in fact, improved them and assisted
novice event producers; and
WHEREAS, in 2015 and before, due to changes in social media and the conduct of large
crowds, the City began to study the need to further regulate special events held within the city
by commercial promoters attracting crowds of people which, on the one hand, is good for the
tourism economy of the City and Chatham County, especially when overnight guests attend, but
on the other hand places a strain on the limited resources of the City to protect persons and
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property by policing the event, policing the off-site activities of the local and visiting attendees
which inevitably accompany such events, and to control event related traffic, sometimes away
from the site; and
WHEREAS, the Mayor and Council find that the predominate business and commerce of
the City, and the basis of its revenue is tourism and that special events are a critical and positive
component of that tourism, and the Mayor and Council declare their intent to continue to
support and encourage special events of all types but determines that additional rules are
necessary to curb the adverse, secondary effects of events which mushroom beyond the capacity
of their venue and logistical support; and
WHEREAS, the City acknowledges that the permit requirements of the Special Event
Ordinance, as amended here, can be easily argued to affect lawful assemblies and speech and
therefor the city has established reasonable time frames adjusted for the size and complexity of
the assembly, to consider and respond to the request for a permit and prompt notice and appeal
rights in the event an application is denied; and
WHEREAS, the Mayor and Council acknowledge that the ways in which the Special
Event Ordinance has been and will be applied are the best evidence of the City's commitment to
special events and to the rights of the event organizers and event participants to assemble, and
finds that, to date, there have been no complaints that staff has applied the existing ordinance
unfairly; and
WHEREAS, to date the Special Event Ordinance has primarily focused upon planned
events; and
WHEREAS, the Mayor and Council find and determine that the advent and virtually
universal spread of social media through the demographic of visitors to the City of Tybee Island
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has, with greater frequency, caused special event type entertainment assemblies to be
commercially produced and promoted very quickly and in hastily created or converted venues
with little or no notice or adequate private or public planning and provision for security, crowd
control, traffic control and parking, and safety, and in some cases these events have
spontaneously occurred with no accountable producer or any planning or preparation (Pop-Up
Events); and
WHEREAS, the Mayor and Council find and determine that both commercial Pop-Up
Events (with an identifiable producer) and spontaneous Pop-Up Events are contrary to the
health, safety and welfare of the community due to the lack of internal planning and control, and
notice to the City to permit external planning and protection; and
WHEREAS, the Mayor and Council also find and determine that the lack of internal and
external planning and control of Pop-Up Events creates secondary effects that frequently
become a public and private nuisance, including by way of example and not limitation, traffic
congestion, pedestrian trespass, vehicular trespass, illegal parking, illegal drug and alcohol use,
violence and other breaches of the peace, especially where a large crowd of pedestrians and
even vehicles are held waiting outside a venue that is at capacity or attempt to access a venue
that has essentially unlimited access; and
WHEREAS, the Mayor and Council also find and determine that commercial Pop-Up
Events will continue and, in fact, increase and that the producers of these events should be
required to think through the needs and effects of the event assembly and give the city the
information and time required to coordinate its public safety efforts to accommodate the
attendees, just as traditional special events which in the past were publicized and promoted
through slower and more predictable media; and
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WHEREAS, the Mayor and Council recognize that spontaneous Pop-Up Events in a non-
commercial venue present a more difficult issue in a free society because they are, in fact, a
spontaneous assembly which is the right of a free people, but the Mayor and Council also find
and determine that when such an assembly begins to create the same adverse effects which are
attendant to an unregulated traditional special event, that is such things as neighborhood trespass
of persons or vehicles, illegal parking, traffic congestion, frequent or repeated violations of the
law facilitated by the anonymity of the crowd, a need for sanitation facilities, etc., then it is
reasonable and lawful to place upon the owner or person in control of the venue, after notice, the
duty under penalty of law to do all that he or she can reasonably do to bring the event under or
within the threshold limits of the criteria which caused the assembly to become problematic; and
WHEREAS, the Mayor and Council find and determine that the placing upon the owner
or person in control of a non-commercial venue where a spontaneous special event occurs the
duty to do all they reasonably can to bring the assembly under control will create a needed
incentive for owners to pay attention to their property and be alert to not allowing assemblies
upon their property to get out of control in the first place; and
WHEREAS, the Mayor and Council also find and determine that the City and other cities
have experienced an entirely new Pop-Up Event phenomenon, that is, a spontaneous special
event "organized" through social media with no accountable producer or promoter, but still
generating the same types of needs and effects as a traditional special event, albeit so far on a
smaller scale; these Pop-Up Events include by way of example and not limitation, "open" house
parties (no invitation required); "pay-party" house parties (no invitation required, leave money
at the door) and large beach assemblies with amplified music; and
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WHEREAS, the Mayor and Council also find and determine that the variety, uniqueness,
innovation and timing of modern special event assemblies, some commercially promoted and
others spontaneously occurring and all frequently publicized and promoted through
instantaneous social media as well as traditional media, require the City to adopt a more flexible
and commonsense approach to defining and determining what is a special event; and
WHEREAS, the Mayor and Council have received and considered extensive testimony
from the public, from promoters and producers of special events and from staff, including the
Fire Chief, the Chief of Police and the City Manager, regarding what should be considered a
special event and the issues and opportunities for mischief accompanying them and, moreover,
the Council members have personally witnessed virtually all of these issues from time to time
and find that the testimony presented in support of this ordinance is consistent with their own,
first-hand experience; and
WHEREAS, by this ordinance, based upon that testimony and experience, the Mayor and
Council intend to establish specific criteria defining and determining what should be considered
a special event under the totality of the circumstances at hand and to authorize staff to apply that
criteria in each specific case; and
WHEREAS, the City has attempted in the past to define special events based primarily
upon anticipated attendance and found that method to be unreliable sometimes in the age of
social media; and
WHEREAS, the Mayor and Council are aware of the inalienable right of citizens in a free
state to assemble peacefully and without creating a public nuisance, and to speak and entertain
freely, but expressly find that the type of assemblies that will trigger the application of this
ordinance create a real and imminent threat to the health, safety and welfare of the event patrons
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as well as the community if the notice, planning, preparation, services and control required by this
ordinance is not provided, and based upon years of experience the City finds that there is no less
intrusive way of handling the situation in the extremely active tourist environment of the City, so
to borrow from Mr. Justice Holmes, "Upon this point a page of history is worth a volume of
logic." N.Y. Trust Co. v. Eisner, 256 U.S. 345, 349 (1941) and the City has been working with
special events for several decades, regulating them for the last; and
WHEREAS, the Mayor and Council are aware that the authority given staff to interpret
and apply the specific criteria established in this ordinance in order that the City may timely
consider the totality of the circumstances in each unique case, may be argued to invite arbitrary
or capricious chilling of the rights of free speech or assembly but, Justice Holmes again, “Great
constitutional provisions must be administered with caution. Some play must be allowed in the
joints of the [government] machine.” Missouri, K&T. Ry. Co. of Texas v. May, 24 S. Ct. 638
(1904); and
WHEREAS, the City finds and determines it necessary to update and amend the Special
Events Ordinance to better regulate traditionally produced and marketed special events and to
add Pop-Up Events because, without these amendments, events will overrun the current law;
and
WHEREAS, the Mayor and Council find and determine that this ordinance will promote
the public good by establishing necessary standards to define special events in the digital age, to
create incentives and mechanisms to promote the public welfare by fostering preparation for,
and curbing the excesses of, assemblies which by these same standards become events needing
some level of support and control to protect persons and property, and therefore that, although
this ordinance contains penalties, it is adopted for a remedial purpose and if challenged should
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nonetheless be given an equitable construction in order to achieve the clear remedial purposes
determined by the legislative Council. N. Securities Co. v. US, 24 S. Ct. 436 (1904); and
WHEREAS, the Mayor and Council recognize the power and discretion that is being
granted to city staff, including the City Manager and Police Chief, and that the City seeks to
provide certain objective standards for the City Manager and Police Chief to use in enforcing
this ordinance, so that the ordinance is narrowly drawn, reasonable, has definite standards
guiding the hands of the city staff; and
WHEREAS, the Mayor and Council recognize that the provisions of this ordinance are
somewhat complex and interrelated by the definitions employed and the form by which the
ordinance is structured, but also find that the events and assemblies upon which the substance of
this ordinance applies are quite varied and must be considered several and not interdependent,
so that if this ordinance is found to be unenforceable, in whole or in part, against one or more
classes of events or assemblies, the remainder may easily be left in force, and should be left in
force for the public good; and
WHEREAS, the governing authority desires to amend Section 54-70 et. seq so as to
clarify same, to repeal all conflicting ordinances, to provide for an effective date and for other
purposes.
NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that
Article III, Special Events, of the Code be amended and shall read as follows:
SECTION 1
The Code of Ordinances is hereby amended so as to revise Article III, Special Events, so
that it shall hereafter read as follows:
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ARTICLE III. - SPECIAL EVENTS
Sec. 54-70. Definitions
For the purposes of this Article, Special Event shall mean any assembly of persons upon the
public beaches, public streets or rights of way, or within the City parks or parking lots, where it is either
reasonably anticipated that municipal services will be required, or where additional municipal services are
actually required. There are two general types of special events that require a permit under this Article,
those that are planned and permitted and unplanned/pop up special events.
(a) MUNICIPAL RESOURCES ANTICIPATED TO BE REQUIRED (Planned event). The
gathering is reasonably anticipated to require for its safe and successful execution the provision or
coordination of municipal services by the City or by the event producer to a material degree above that
which the City routinely provides under ordinary, everyday circumstances. Municipal services include,
but are not limited to fire and police protection, crowd control, traffic control, parking control, street
closure, emergency medical services, garbage or trash facilities or clean-up and sanitation facilities
(herein "municipal services:).
(b) MUNICIPAL RESOURCES ACTUALLY REQUIRED (Pop-up Event). The municipal
services required for an unpermitted assembly exceed at any point in time the level of municipal services
typically available from the City for that time and season after taking into consideration the similar,
municipal-type services provided by the person or persons, if any, encouraging the assembly.
Notwithstanding the foregoing, any planned special event to be held in any part of the
beach is presumed to be a special event, except for specifically enumerated exceptions that are a part of
this ordinance. This presumption can be rebutted only by the event producer providing clear and
convincing evidence that, based upon the nature, location, time and season of the event there is a high
degree of probability that the event will not draw a crowd in excess of one person for every seven (7)
square feet of beach controlled by the producer, or where people are gathered for purposes of the event.
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(c) PRODUCER. As used herein, the term “Producer” means an individual, individuals or
any entity that attempts to promote or does promote an event or gathering of people by way of
advertising, social media, directly or indirectly, the event or gathering and promotes the attendance at an
event or gathering and who supervises or finances an event. Such term shall be synonomos with
“promoter” and includes a person or entity who directly or indirectly encourages, persuades, or advertises,
or uses publicity to encourage or persuade attendance at an event or gathering.
Sec. 54-71. Permits.
(a) In the interests of the public's convenience and safety and availability of city services, persons
or organizations wishing to host a special event must first obtain a permit from the city manager or his
designee. The permit application shall include, but not necessarily be limited to, the following information:
(1) Description of event including the location, date/time, activities, entertainers,
estimated number of participants.
(2) Name, address and telephone number of sponsoring organization and its responsible
representative. This includes the name and address of all natural persons or organizations controlling at least a
five percent stake in the event.
(3) Method of notification of participants.
(4) Publicity plan, if open to the general public.
(5) Parking/traffic control requests and concerns.
(6) Public safety requests and concerns, if any.
(7) Impacts on other city services, if any.
(8) Whether alcoholic beverages will be permitted in the event.
(9) Whether there is a request for the City to activate the Festival Zone.
(b) Each application for a special event permit required by this Article shall contain the
information described in Sec. 54-71(a) and must be filed, and the permit fee paid, no less than sixty (60)
days before the opening of the event to the public. Notwithstanding the forgoing, the City Manager
shall accept a tardy application if (i) City staff has the capacity to conduct an ordinary review of the
application without causing material neglect of other staff duties or, (ii) the event promoter stands willing
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and able to pay and deposits a sum of money to cover any overtime for City staff to conduct an ordinary
review of the application, and staff volunteers such overtime, then the City will use reasonable efforts to
process a tardy application in time to allow the event to be held. Applications shall be reviewed in the
order received and priority shall be given to timely filed applications.
(c) All applications shall contain language indemnifying and holding harmless the City, its
elected officials, officers, agents, and employees, in language approved by the City Attorney.
(d) It shall be unlawful to engage, conduct, promote, or provide entertainment to any special
event without first receiving a permit from the City pursuant to this Article.
(e) Exceptions.
(1) Funeral processions;
(2) Students going to and from school classes or participating in educational
activities, provided that such conduct is under the immediate direction and supervision of the proper
school authorities; and
(3) Training exercises conducted by federal, state or local officials, so long as the
training exercise has been approved by the City Manager.
Sec. 54-72. Application and Plan.
(a) Each plan included in the special event application, and any conditions imposed by the
City Manager pursuant to Sec. 54-75(e), shall be continuously implemented during the special event, and
any failure to do so shall result in the automatic suspension of the permit and suspension of the event
until full implementation is made.
(1) Should the actual attendance at any special event, including persons attempting to
enter the event, or the municipal services actually required at a permitted event exceed for a period of one
(1) hour the number or level anticipated by the application and permit, it shall become the duty of all
persons owning or able to control the event or the event venue to take reasonable, diligent, and constant
measures to reduce the excess until the planned number or level is reasonably achieved. The failure of any
such person to immediately, after notice from the City, make a reasonable, diligent and constant effort to
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reduce the excess shall be a violation of this law punishable by civil penalties specified in this Article.
The Chief of Police or his designee is authorized to approve actions to partially or slowly reduce the
excess as compliance if he or she finds (i) that such person is acting in good faith after notice of the
excess, (ii) that full and immediate elimination of the excess will not be feasible and (iii) that it would be
safer to taper down the event rather than to abruptly close the venue or stop the event.
(2) Conversely, should actual attendance fall below the permit estimates for a
sustained period and appear likely to continue at reduced levels, the City Manager or his designee shall
be authorized, but not required, to allow the applicant to reduce staffing to the minimums reasonably
required.
Sec. 54-73. Unpermitted Assembly (Pop-up events).
The City has found and determined that some special events occur without a permit, especially if
attendance is promoted through instantaneous, social media.
(1) If an assembly develops into a special event (without a permit) it shall become the duty of
all persons or entities owning or able to control the special event or who is providing entertainment
encouraging the assembly, to take reasonable, diligent and constant measures to reduce the activity or
circumstances which caused the assembly to become a special event - that is for example but not limited
to, reducing the number of attendees, or to provide the additional municipal type services needed to
regulate event traffic, maintain the peace and protect the public health and safety. The failure of any
such person or entity to immediately after notice from the city make a reasonable, diligent and constant
effort to reduce the event attendance or otherwise provide adequate services, to the satisfaction of the
Chief of Police or his/her designee shall be a violation of this law punishable by civil penalties specified
in this Article. The Chief of Police or his designee is authorized to approve actions to partially or slowly
reduce the event attendance to a point where it is not considered a special event if he or she finds (i) that
such person is acting expeditiously and reasonably to employ feasibly available resources to address the
issues after notice that the assembly has become a special event, (ii) that full reduction to the criteria
threshold will not be feasible and (iii) that it would be safer to taper down the event rather than to
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abruptly close the venue or stop the event.
(2) Whether a spontaneous assembly has developed into a special event based upon
attendance or a need for municipal services (as those services are defined in this Article), shall be
determined by an objective and reasonable examination of the totality of the circumstances at hand,
including but not limited to the following factors:
(a) With respect to attendance and attempted attendance:
(i) Whether the attendance is ticketed.
(ii) Actual attendance at prior, similar events.
(iii) The extent of commercial promotion and advertisement of the event,
especially promotion outside of the City of Tybee, by traditional or digital means, but excluding
spontaneous social media not initiated, encouraged or orchestrated by a commercial event producer or
any person acting on behalf of the event producer or any person with a financial or other personal interest
in the event ("spontaneous social media").
(iv) The extent of spontaneous social media encouraging attendance at the
assembly.
(v) Whether the location and configuration the assembly, and the nature and
presence (sight and sound) of the event, will be likely to draw attendees or observers from the public at
large.
(vi) The number in attendance and attempting to attend shall be determined
by the Chief of Police or his designee using recognized or previously established law enforcement
estimating techniques.
(b) With respect to municipal services actually required:
(i) Repeated pedestrian trespass.
(ii) Repeated vehicular trespass.
(iii) Illegal parking.
(iv) Traffic congestion.
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(v) Apparent need for sanitation facilities as evidenced by public urination
or other bodily functions.
(vi) Repeated and flagrant instances of illegal activity.
(vi) Repeated noise ordinance violations after notice, including differing
offenders.
(vii) Unusual amount of trash being abandoned with no apparent resources
available to clean up after event.
(viii) Unusual or repeated need for medical assistance.
(3) When the City is aware of the planning of an assembly in which the Chief of Police
determines is more likely than not to become a special event, as defined by this ordinance, then the City
Manager may notify anyone promoting, organizing, or otherwise planning to attend that they may be
subject to this ordinance and all resulting criminal and civil penalties. Said communication shall also
include a copy of a special event application and a copy of this ordinance.
(4) In addition to the procedures described above, the Mayor and Council of the City may by
resolution impose restrictions on activities including, but not limited to, the public consumption of
alcoholic beverages in areas designated in such resolution upon a report to the Mayor and Council that an
unpermitted event is being promoted and advertised, published on social media, or by leaflets or by other
means where such promotion reasonably indicates to the Mayor and Council that there is an immediate
risk to the public safety, welfare, citizens and property of those participating in the event and residents of
the City. Upon the passage of any such resolution pursuant to the provisions of this subsection, the
resolution shall be posted on the City’s website and publication and dissemination thereof shall be
encouraged and notice thereof shall be disseminated to the fullest extent possible so as to alert the public,
the event producers or promoters and all persons whatsoever of the lack of permission for the event
and/or a prohibition on the public consumption of alcoholic beverages during such dates, times and
locations as set forth in the resolution.
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Sec. 54-74. Fees.
(a) As part of the application review process, together with the services requested by the
applicant, the city manager shall set fees to defray the costs of city services for special events to be determined
on the basis of actual expected costs. The costs shall be the marginal costs directly associated with the special
event above what the general public would generally require. Such fees may be adjusted to the extent that the
city co-sponsors a special event, as determined by the city manager. In the instance of a spontaneous
unpermitted special event, where the City incurs marginal costs directly associated with the unpermitted
special event, the fee shall still be calculated and applicable as further provided herein.
(b) The level of municipal services required shall be determined by an objective, reasonable
examination of the totality of the circumstances, including but not limited to the following factors:
(1) The size of the assembly and the anticipated attendance.
(2) The location of the event to determine the potential for pedestrian and vehicular
congestion.
(3) The nature of the event, the activities planned during it and the weather
conditions of the season to evaluate the danger of harm to persons and property such as a fireworks
explosion, a collision of participants or spectators, spectator or participant heatstroke, drowning, and the
like.
(4) The historical density of visitors to the City during the annual season of the
event and the type of activities, safe and unsafe, in which those visitors have historically engaged.
(5) Whether the assembly is specifically designed and staffed to handle the
anticipated needs and effects of the anticipated number of attendees.
(c) The City shall notify the applicant of the municipal services fee, and if requested grant a
meeting with the City Manager to confer with the applicant about the fee. If the applicant does not accept
the type and extent of municipal services listed and the amount of the municipal services fee, the City
shall nonetheless proceed in ordinary course to complete the application process and either deny the
permit through the process contained in this Article without consideration of the applicant's objection to
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the fee, or if the applicant is entitled to the permit then grant the permit upon the condition that the
municipal services fee be paid before the permit becomes valid or effective. The applicant shall have the
right to appeal to the Mayor and Council the type and extent of services required and the amount of the
fee by letter filed with the City Clerk within three (3) business days after the City shall provide the
applicant the itemization and amount of the fee which notice shall state that the applicant may appeal
within three business days. The Mayor and Council shall uphold or lessen the fee based upon information
about the extent of services to be rendered by the City directly related to the event and the cost of those
services as presented by City Manager or his/her designee and the applicant in a de novo, quasi-judicial
hearing held as soon as may be practicable. The Mayor and Council's decision, including its reasons
therefore, shall be announced at the conclusion of the hearing and entered onto the record thereof which
shall constitute the Council's final order in any subsequent proceedings. The hearing may be continued
from time to time in the sole discretion of the Mayor and Council. If the Mayor and Council is unable to
timely conduct or conclude the hearing in time for the event to be held pursuant to an otherwise valid
permit, the applicant may pay to the City the disputed fee under protest, and the permit shall become
effective so that the event may be held, in which case the hearing shall be held and concluded after the
event at a mutually convenient time. If the fee is upheld, it shall be accepted by the City; if it is reduced
the reduction shall be refunded to the applicant.
(d) In the event of an unplanned and unpermitted special event, anyone who promoted, planned,
executed, provided entertainment, or attended shall be responsible for the applicable municipal services fee.
This includes anyone that promotes through social media. The City Manager is authorized to direct the City
Attorney to pursue all legal remedies necessary to collect any fees that are authorized pursuant to ordinance.
(Code 1983, § 7-1-2)
Sec. 54-75. Action on the Application and Appeal.
(a) The City Manager must decide to grant or deny an application at the earliest possible
time after receipt.
(b) The City Manager may deny a permit only on one or more of the following grounds:
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(1) The permit application is incomplete; a complete application is one that provides
all the information or items required by this Article regardless of the sufficiency of the information or
item.
(2) The application fee has not been paid;
(3) The proposed event is unlawful;
(4) The application contains a material falsehood or misrepresentation;
(5) It reasonably appears that the proposed event will present a clear and present
danger to the public safety or health;
(6) The proposed event is of such a nature or duration that it cannot be reasonably
accommodated in the particular location; or
(7) The applicant has refused to attend or participate in good faith in a pre-permit
meeting requested by the City Manager following reasonable notice and scheduling attempts by the
City Manager and failed to propose reasonable alternatives.
(c) The City Manager is expressly prohibited from denying any permit based upon the
identity of any speaker or entertainer or the viewpoint, content, or type of speech or expression to be
displayed so long as such speech or expression is lawful.
(d) Every denial of a permit shall be in writing and shall clearly explain the reason(s) for
denial. A denial of a permit application as "incomplete" must identify the specific information required
by this Article which was not provided. A denial based upon the unlawfulness of an event must identify
the law or regulation prohibiting such conduct. A denial based upon a clear and present danger to the
public safety or health must identify the specific conditions which reasonably give rise to the danger. A
denial based upon the fact that the proposed event cannot be reasonably accommodated in the particular
location applied for must state specific reasons why the area is unsuitable for the event. A denial based
upon an applicant's refusal to attend or participate in good faith in a pre-permit meeting, or suggest an
alternative, shall identify the steps taken to provide reasonable notice and scheduling of such meeting
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and, if applicable, any conduct at the meeting demonstrating bad faith participation by the applicant. The
purpose of the requirement is to allow the applicant to know the grounds upon which the permit was
denied and to permit Mayor and Council the opportunity to verify and confirm the objective validity of
any denial and to ensure that any limited discretion given to the City Manager under this Ordinance is
not abused so as to disfavor protected speech or expression.
(e) The City Manager may condition any permit with reasonable requirements concerning
the time, place or manner of holding a special event as is necessary to coordinate municipal services,
multiple uses of public property, assure preservation of public property and public places, prevent
dangerous, unlawful or impermissible uses, protect the safety of persons and property and to control
vehicular and pedestrian traffic in and around the venue, provided that such requirements are narrowly
tailored to address these concerns and are not implemented for the purpose of regulating or restricting
protected speech or expressive conduct.
All permit applications shall be deemed granted as applied for if the City Manager does
not grant, grant with conditions, or deny the permit in writing within thirty (30) calendar days of receiving
an application. A permit which is granted automatically under this section is conditioned upon any
required city services fee being paid before the permit becomes valid or effective. If an applicant
disagrees with the fee required, the provisions of Sec. 54-71(c) shall control. The automatic granting of
permits provided in this section shall not apply if:
(1) The permit application fee has not been paid;
(2) The City Manager has indicated his intent to deny a permit and the applicant has
agreed, in writing, to supply the City Manager with additional information which may allow the permit to
be granted. In this case, the permit application will be deemed granted if the City Manager does not grant,
grant with conditions, or deny the permit in writing within ten calendar days of receipt of the additional
information, unless the applicant agrees in writing to provide further additional information, which shall
renew the terms and time-frames of this paragraph; or
(3) The City Manager requests additional time to review the application and the
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request is agreed to in writing by the applicant. In this case, the permit application will be deemed granted
if the City Manager does not grant, grant with conditions, or deny the permit in writing by the expiration
of the agreed date.
(f) Every denial of a permit and every conditional grant of a permit challenged by an
applicant is appealable to the Mayor and Council by letter filed with the City Clerk within three (3) business
days after receipt of the denial or proposed conditional grant. The Mayor and Council shall grant or deny the
permit, or uphold or rescind the conditions, based upon information presented by the applicant and the City
Manager or his designee in a de novo, quasi-judicial hearing held as soon as practicable. The Mayor and
Council's decision, including its reasons therefor, shall be announced at the conclusion of the hearing and
entered onto the record thereof which shall constitute the Mayor and Council's final order in any subsequent
proceedings and which may, but shall not be required to, express findings of fact and conclusions of law.
The hearing may be continued from time to time in the sole discretion of the Mayor and Council, provided
that if the Mayor and Council does not render a final order within fifteen (15) days after filing of the letter of
appeal the permit shall be deemed granted.
Sec. 54-76. Penalty for violation.
In addition to any civil penalties that the City may pursue, any person convicted of violating any of the
provisions of this article shall be punished by a fine not to exceed $1,000.00 or imprisonment for a term not
exceeding 60 days or by both such fine and imprisonment.
(Code 1983, § 7-1-4)
Sec. 54-77. Liquor prohibited.
Consistent with the provisions of section 6-12, no liquor may be sold or otherwise distributed at any
special event conducted under the provisions of this article except for special events conducted on private
property and approved by the mayor and council.
(Ord. of 4-10-2008(4); Ord. of 9-25-2008(2))
Sec. 54-78. Weather and other changes.
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Once a special event has been permitted, location and date changes necessitated by weather events or
other calamity shall not require further permitting, and all authorizations and licenses or permissions applicable
to the original permit shall continue to the extent applicable. Notwithstanding the foregoing, the permit holder
must cooperatively work with staff on different dates, locations and times.
The City Manager shall have the authority to revoke a permit in the event that weather or other environmental
conditions presents a substantial likelihood of danger to the public, and event organizers and attendees.
(Ord. of 9-25-2008(2))
Secs. 54-79. Severability.
Should any section, provision, or clause of any part of this ordinance be declared invalid
or unconstitutional, or if the provisions of any part of this ordinance as applied to any particular
situation or set of circumstances be declared invalid or unconstitutional, such invalidity shall not
be construed to affect portions of this ordinance not so held to be invalid, or the application of
this ordinance to other circumstances not so held to be invalid. It is hereby declared as the intent
of the City that this ordinance would have been adopted had any such invalid portion not been
included herein.
Secs. 54-80 - 54-109. - Reserved.
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.
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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 , 2016.
______________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING: ______
SECOND READING: ______
ENACTED: ______
Tybee/Ordinances/2016/2016-32 Amend Art III Special Events 11.21.16
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