HomeMy Public PortalAbout19750428CCMeeting35
Savannah Beach, Georgia
April 28, 1975
(Meeting postponed from 4 /21/75)
The Regular Monthly Meeting of Savannah Beach City Council
was held this evening at 7:00 P.M. in the auditorium of Savannah
Beach City Hall with Mayor Michael J. Counihan presiding and a
quorum consisting of the following Councilmen present: James A.
Bond, Joseph Agnew, Edward Fahey, Richard De Loach, John Wylly,
and Ernest Hosti. City Attorney William H. Pinson, Jr. was also
present.
After the meeting was opened for business by the Mayor,
Mr. Albert Williams, Jr., the first petitioner approved before
Council. Mr. Williams stated he was still having trouble with
dogs. Also, he stated he still had not received the street
light which had been promised him several months ago. He also
complained about his sewage backing up.
Mrs. Leona East next appeared before Council. She stated
she was at the meeting to represent the Golden Age Club and
protest the proposed new garbage charge of $2.00. Mayor Counihan
informed Mrs. East that this matter would come up later in the
meeting and she would be able to discuss it at that time.
Next to appear before Council was Mr. Errol Ashby who
stated he operated a busineas__.on- -15-th Street and that he was
appearing before Council to find out what the rules and regulations
were on parking. He stated he had been through it for several
years now and one time he gets told that he had to park on the
yellow line and the other time he gets told that he can't park
on the yellow line; and then he put a parking decal on his car
and parked on the meter and was given a parking ticket. He said
further that he just wants to find out what he can do about
parking his car by his business. He stated that after a run in
with the City Marshal about this matter, he was called a name
and threatened by the Marshal. He said he felt like he was being
abused by the Marshal. The Mayor referred this matter to
Councilman Fahey for his handling.
Minutes of the following meetings were approved as written:
Regular Council Meeting March 18, 1975
Special Council Meeting April 9, 1975
Bills of the various departments for the month of March
were approved for payment.
36
-2-
Mayor Counihan announced that the first order of business
on the agenda was the Animal Ordinance which had been discussed
thoroughly at the last meeting of Council. He then referred
the matter to Councilman Fahey who in turn requested the City
Attorney, Mr. Pinson, to handle the matter before Council. Mr.
Pinson stated that after the last called meeting of City Council,
there were some proposed changes to this so called Animal Ordinance.
He stated further that these proposed changes related mainly to
the area in which horses would be allowed to be kept and ridden.
He then pointed out on a map this area. Attorney Pinson then
informed Council if they desired to act upon this at this meeting,
it would be necessary for this Ordinance to be read again in its
entirety. The clerk then read the following Ordinance:
ORDINANCE
Following the reading of the Ordinance, Councilman Fahey
moved that this Ordinance be adopted as read on second reading.
This motion was seconded by Councilman Hosti. Before the vote
on the motion to adopt was taken there were some questions from
the floor. One person wanted to know why Section 4 -16 was put
in the Ordinance, which Section called for dogs to be put to death
if the owners did not come forward within three days and claim
them. Dr. Quarterman of the Humane Society answered this by
stating that they salvage as many of these animals as they can
find homes for. However, he said they take in eight or nine
thousand dogs per year, many of which are not in good health.
No one wants the unhealthy dogs and therd not enough people who
want even the healthy ones, so it is obvious that something must
be done with the dogs that they cannot find a home for. He added
that they are only destroyed when no one can be found to adopt
them. Various other questions propounded bpi the audience were
answered by the Mayor, Council and the City Attorney.
Councilman Wylly felt that there should be a period of
thirty (30) days before the Ordinance is made effective. Councilman
Fahey felt that thirty days to get rid of the horses was alright
but he felt that the riding of the horses should be stopped
immediately.
Councilman Fahey called for a vote on the question at this
point. The question was then put by the Mayor and was unanimously
carried.
Councilman Fahey then moved an amendment to the Ordinance
regarding the effective date. He stated that he therefore moved
that this Ordinance be amended so as to give the people who own
horses thirty days in which to move the horses but that they not
be allowed to ride outside of the designated area. This motion was
seconded by Councilman John Wylly. One of the ladies in the
audience (unidentified) felt that thirty days was not long enough
for them to do something about their horses.
1
-3-
34
Councilman Agnew offered an amendment to this amendment
to read "sixty (60) days" instead of "thirty (30) days ".
Councilman Fahey then withdrew his amendment in favor of Councilman.
Agnew's Amendment. Councilman Wylly withdrew his second to
Mr. Fahey's amendment and seconded the amendment of Councilman
Agnew allowing the sixty days to get rid of the. horses. In
answer to a question from the floor, Councilman Fahey stated
that it was the intent of this amendment to give them a longer
period in which to get rid of the horses but it did not mean
they could ride them during this time, except in the area defined
in the Ordinance. A vote was then taken and the motion was
unanimously carried and the amending Ordinance adopted.
AMENDING ORDINANCE
City Attorney Pinson informed Council that since this
Animal Ordinance had been adopted, it was the intent of Council
to have an agreement with the Humane Society; whereby, the
Humane Society is the agent for enforcing this Ordinance; and,
at the request of Council he had prepared a Resolution authorizing .
the entering into of the agreement and as he had indicated earlier
in a report to Council, the agreement would be of no cost to
the City other than that we turn over all fees, dog licensing
and any fines levied under the enforcement of this Ordinance to the
Humane Society. He further stated that this is what the City .
was agreeing to. Attorney Pinson then read the following Resolution:
RESOLUTION
Following the reading of the Resolution, Councilman Fahey
moved that the Resolution be adopted. This motion was seconded
by Councilman Agnew and unanimously carried.'
Mayor Counihan next called upon Councilman Wylly who was
Chairman of a Committee to make a study of the present traffic
flow in the business area and make recommendations as to whether
it should be changed or remain as is. Councilman Wylly stated
his committee comprised the entire Council and they had made a
thorough investigation of this and at times there seemed to be
some confusion but on the whole it seemed to be flowing fairly
smoothly at the present time and it was their recommendation
that it remain as it is at the present time. Councilman Fahey
moved that the recommendation of this Committee be accepted.
The motion was seconded by Councilman Hosti and unanimously
carried.
Councilman Wylly also reported on his meeting with the
Savannah Beach Jaycees with reference to negotiating a lease with
that organization for another year (12 months) for the concession
stand in Jaycee. Park. He said the lease agreement submitted by
the Jaycees for the coming year was identical with the one accepted
3
-4-
by Council last year, that is, they will pay $1.00 per year rental,
with all the profits which are derived from the concession stand
to the Jaycee recreation program; also, that an accounting of
their operation of this concession stand to be made on a quarterly
basis. Councilman Wylly then moved that this lease agreement be
accepted by Council. The motion was seconded by Councilman
Richard DeLoach and unanimously carried.
Mayor Counihan called upon Councilman Fahey, Chairman
of the Police Committee for the next item on the agenda. Councilman
Fahey reported that he had received a report from the Chief of
Police on his investigation of the application of Mrs. Ne]JRouquie
for a wine license and that this report was favorable. He therefore
moved that the wine license be granted to Mrs. Rou quie. This
motion was seconded by Councilman John Wylly and unanimously carried.
Chairman Fahey next reported on the application of Mr. Joseph
B. Saxon, who had applied for a liquor license at `a location on
16th Street formerly known as Cathy's Lounge. The Chief of Police
reported that from his investigation he would recommend that no
alcoholic beverage license be granted to this individual. Mr.
Fahey then put this recommedation in the form of a motion. The
Clerk of Council, at this point, reported that Mr. Saxon had
withdrawn his application for a liquor license and asked for the
return of his money which he had paid for a license and that his
check had been returned to him. Upon this action Mr. Fahey with-
drew his motion.
Councilman John Wylly reported on investigation by a
committee of which he was Chairman, looking into the application
which had been received for a business license to operate a
mobile pizza store. Mr. Wylly reported that'their investigation
revealed that a mobile pizza store would be in violation of
our Zoning Ordinance, in that they could locate in a residential
area and carry on their commercial business. He therefore moved
that this license be denied. This motion was seconded by
Councilman Joe Agnew and unanimously carried.
Mayor Counihan reported on a complaint that had been
received in regard to the campsite located in Fort Screven. He
stated that Mr. Franklin Burnsed, our Building Inspector, had
been instructed to look into this matter and to make a report
as to whether or not permanent residents were living in this
overnight campsite. Mr. Burnsed, the Building Inspector, stated
that he had checked into this operation and the complaint made by
Mr. Richard Grosse dated March 12th. He stated he and the City
Marshal and the Zoning Administrator had checked into this very
thoroughly and found that the allegations made by Mr. Richard
Grosse were true, that a violation, as regards to permanent
residency of some of the campers, did exist. Mr. Burnsed stated
further that they had found at least one occupant of the campsite,
who had been living there since October, did have children in
the public school and that they considered him to be a permanent
1
1
1
-5-
39
resident and therefore in violation of our ordinances and
this was so reported to the manager of the campsite. Mr. Burnsed
further stated that this party had since removed his trailer
from the campsite and that the violation no longer existed.
Mr. Burnsed stated that he felt that our City Attorney should
define for the benefit of Council just exactly what constituted
a transient and what constituted a permanent resident. Mayor
Counihan referred this.to City Attorney Pinson with a request
that he .investigate it and report back at the next Council
meeting.
Mayor Counihan reported to Council that the Savannah
Beach Planning Commission had submitted two (2) recommendations
to Council. The first recommendation involves a request to
subdivide a lot, Beach Lot 75, Ward 4, Savannah Beach, Tybee Island,
Chatham County, Georgia, into Lots 1 through 5 for W. J. Bremer, Jr.
The Clerk read a request from Stuckey Land. Surveying requesting
that these lots be subdivided and that the plat be approved
for recording with the Clerk of Superior Court in Chatham County.
The Clerk also read the recommendation from Savannah Beach Planning
Commission, which stated that after due consideration the Planning
Commission, approved the subdivision of this property and submitted
to Council,for their study and approval,a plat of the subdivision
and a letter from Stuckey Land Surveyor. Councilman Wylly moved
that we accept the recommendation of Savannah Beach Planning
Commission and approve the subdividing of this beach lot. The
motion was seconded by Councilman Fahey and unanimously carried.
The second recommendation from Savannah Beach Planning
Commission read by the Clerk had reference to an application
from Mr. Alvin Davis for:
1. A fence, which was approved and recommended by the
Planning Commission
2. Application for a driveway that was later changed
to a patio
This petition resulted in a tie vote by the Planning Commission.
The two (2) applications of Mr. Alvin Davis were submitted to.
City Council for their study and action.
City Attorney Pinson informed the Mayor and Council that
this request came under the Sand Dune Ordinance and it would,
therefore, be necessary to hold a public hearing on both_of
these requests in accordance with the terms of this Ordinance.
Mr. Earl Anderson, Zoning Administrator, stated that the Planning
Commission could approve the application for the fence but that
they could not even vote on an application that was in violation
of the Sand Dune Ordinance and since this proposed construction
was within the stand dune line and not within the stand dune area
as stated, it was a clear cut violation of the Sand Dune Ordinance.
40
-6-
City Attorney Pinson stated that under the legal procedure which
it was necessary for Council to follow and since this had been
recommended by Savannah Beach Planning Commission, that it was
necessary to hold a Public Hearing. Mr. Bob Williams, who stated
he was a member of the Savannah Beach Planning Commission and sat
in on the deliberation of these two (2) applications, stated that
the application for a driveway that was later changed to a patio
was misleading in that an inspection of the property revealed that
a driveway on the ocean side of the building was already in
existence. Mr. Williams stated further that the attorney repre-
senting Mr. Davis at the Planning Commission meeting stated that
they were really not asking for a driveway now since it has been
brought to our attention that two (2) driveways on the property
are in violation of. the Ordinance. It was changed to read that
this second driveway would be called a patio. Mayor Counihan
than asked Council for their action on the proposal for a Public
Hearing. A motion wasthenxead by Councilman Fahey that the usual
legal procedure be followed and this Public Hearing be set up
by the Clerk. The motion was seconded by Councilman Ernest
Hosti and unanimously carried.
Following this action Mr. Earl Anderson, Zoning Administrator,
than asked the City Attorney for his basis for requiring a Public
Hearing on this matter. City Attorney Pinson replied that the
Sand Dune Ordinance itself was the basis for requiring that a
Public Hearing be held on these matters.
Mayor Counihan than informed Council that it was necessary
to reappoint the Savannah Beach Zoning Board of Appeals for the
new terms of office. He stated that he had reappointed Mr. Bob
Williams for a term of five (5) years, Mr. Anthony P. Simon for
a term of four (4) years, and Mr. Ellis Gilliam for a term of
three (3) years. He than asked Council that these board members
be confirmed. Councilman Joe Agnew moved that the board, as
appointed by Mayor Counihan, be confirmed. The motion was seconded
by Councilman DeLoach and unanimously carried.
Next on the agenda, Mayor Counihan stated, was Mr. Bob
Williams, owner of the Tides Motel, who had requested time on the
agenda to speak on behalf of the Savannah - Chatham Hotel /Motel
Association against the proposed Hotel /Motel tax which he stated
he anticipated Council would adopt at this meeting. He than
introduced Mr. Van Phillips, President of the Savannah - Chatham
Hotel /Motel Association, for the purpose of reading a resolution
adopted by that group. Mr. Phillips than read the following
resolution:
RESOLUTION
The above resolution was received as information by City
Council.
-7-
41
Councilman James Bond, Chairman of the Water and Sewer
Department, reported that on April 10 a meeting was held with
Mr. Matt Robins, Representative of the Environmental Protection
Agency and Savannah Beach City Officials, together with
representatives of the Griffin Construction Company, contractor
for our Pollution Abatement Project of replacing parts of our
sewage collection system and several lift stations. Mr. Bond
stated that the various 'guidelines required by the E. P. A.
were outlined by Mr. Robbins and since the City of Savannah Beach
was in conformance with all of them Mr. Robbins immediately:
via long distance to the Atlanta office of the Environmental
Protection Agency, requested that the grant for this project
be approved. Councilman Bond informed Council that Griffin
Construction Company, the contractors, had agreed to start first
with the problem areas.
Councilman Ernest Hosti, Chairman of D. P. W., stated to
Council that he and his committee had been looking into the
possibility of economizing and trying to accomplish some space
saving in our sanitary landfill area. Councilman Hosti stated
further that the heavy volumn of trees, limbs, etc., which took
up more space in the landfill than ordinary trash, was causing
quite a problem and using up our space and remaining area so
fast as to cause some concern. He stated further that he and
his committee felt like that by purchasing this chipper they
would be able to reduce the men on the dry trash trucks from
four (4) to two (2) and one trip to the dump would replace four
trips as we are doing at the present time. Councilman Hosti
stated further that he had checked all over Savannah and outside
Savannah and had finally found the piece of equipment that they
would like to purchase in Charlotte, North Carolina. He stated
further that this equipment, which was manufactured by the
Asplundh Company, had been highly recommended by all companies
that have used this type of equipment. Councilman Hosti said
he would therefore like to make a motion that the City purchase
this piece of equipment at a cost of $4,500.00 to be financed
from our Revenue Sharing Funds. This motion was seconded by
Councilman Fahey and unanimously carried.
(The Mayor than declared a five minute recess)
Following the five minute recess, the meeting was reconvened
by Mayor Counihan. He than called upon Mr. Richard Magune,
who had requested time on the agenda for the purpose of presenting
a petition to Council. Mr. Magune than read a petition signed
by the majority of the property owners on Lewis Avenue, requesting
this city to completely repave Lewis Avenue following the com-
pletion of the sewage line presently being constructed on that
street, rather than simply a repair and patch job. This was
received as information by Council.
-8-
Mayor Counihan than called for the first reading on an
ordinance to amend our Business Licensing Ordinance. This being
a rather lengthy ordinance part of it was read by Councilman
John Wylly and the second part by Councilman Edward Fahey. Followi
the reading of the Ordinance, Mr. Walter Parker, buinessman and
former Councilman, stated that he did not like the 20% across the
board increase in all licenses. He did not think this the proper
way to revise a Business License Ordinance. Following a further
discussion, the question was put to a vote and was carried by a
vote of five (5) to one (1). Councilman Bond, Agnew, Fahey, DeLoach,
and Wylly voting for the Ordinance and Councilman Ernest Hosti
voting against the Ordinance.
City Attorney Bill Pinson stated that due to the fact
that barcards,required of persons that worked in establishments
handling acholic beverages, were no longer handled by the District
Attorney's office and it was therefore necessary that City 'Council
adopt an Ordinance providing that registration cards be issued to
holders of wholesale liquor, beer, or wine licenses and their
employees be issued by the Chairman of the Police Committee,
City Council, Savannah Beach, Tybee Island, Georgia, and to spell
out the method and procedure of issuing these cards. He then
read the following Ordinance:
ORDINANCE.
Following the reading of this Ordinance Councilman Fahey,
Chairman of the Police Committee, moved that it be adopted. This
motion was seconded by Councilman DeLoach and unanimously carried.
City Attorney Pinson than stated that he had been requested
by City Council to prepare an Ordinance imposing a garbage charge
on-the residents of the City of Savannah Beach. He than read the
following Ordinance:
ORDINANCE
Following the reading of the Ordinance there was much
discussion. Mr. Albert Williams, Jr. felt that to send out a
bill with both of these charges on it, that is, water /sewer
and also garbage, which is called by the Ordinance, that it would
be contrary to health laws. City Attorney Pinson disagreed with
this. Mr. Earl Anderson asked how we could bill them together
stating you can stop picking up garbage but you can't cut off
the water. Councilman Ernest Hosti stated that he felt Savannah
Beach had been fortunate in being able to go as long as they
have without adding a garbage charge in view of the ever increasing
rising cost of labor, materials, transportation, etc. He stated
further that he felt that our garbage pickup had been excellent
but due to the high cost of this service it was simply necessary
that we must get additional funds to continue it. Mr. Walter
1
-9-
4 ;-
Parker stated that he rents apartments for about five (5) months
out of the year and in the winter time he did not rent very
many of them. He asked if this charge was going to be a monthly
one and continue through the winter months. City Attorney Pinson
stated that it would continue and be billed each and every month
of the year and summer residents will be billed each month also.
That is, residents who have a summer residence at the beach and .
return to Savannah during the winter months. Councilman Hosti
stated that when cost began to rise so sharply for labor, truck
repairs, gasoline, etc., he looked into the feasibility of
turning over the garbage collection to a private collector and
this was found to be too costly. Mr. Magune wanted to know how
Council could justify cutting off the water when you didn't pay
the garbage charge. This question was answered by Councilman
Fahey who stated it was perfectly legal and was being done by
most municipalities including the City of Savannah. A motion
was than made by Councilman Agnew that this Ordinance, imposing
a garbage charge, be adopted on first and second reading at
this meeting by unanimous consent. This motion was seconded by
Councilman Ernest Hosti and unanimously carried on first and
second reading at this meeting.
ORDINANCE
City Attorney Pinson than announced that in accordance
with the bill recently enacted by the Georgia General Assembly
he had been requested by City Council to draw an Ordinance
imposing a three - percent (3%) Hotel /Motel tax on places where
rooms, lodgings or accomodations are regularly furnished for
value; eliminating such tax on any room, lodging or accomodations
furnished for a period of more than ten (10) consecutive days
to any member of the public, or for the use of meeting rooms.
He than read the following Ordinance:
ORDINANCE
Councilman Joe Agnew moved the adoption of this Ordinance
on first and second reading at this meeting by unanimous. consent.
It was seconded by Councilman Edward Fahey and unanimously carried
on first and second reading.
Following a discussion on the merits of this Ordinance,
City Attorney Pinson informed the Mayor and Council and all those
in attendance that if the municipality does not see fit to levy
this tax than according to the bill enacted by the Georgia General
Assembly, the County could come in and impose the tax. Councilman
Joe Agnew than moved that this Ordinance be adopted on both first
and second reading at this meeting. This motion was seconded by
Councilman Fahey and unanimously carried on first and second
reading.
44
-10--
Councilman James Bond, Chairman of the Water and Sewer
Department, stated that he had hoped to have an amendment to our
Water and Sewer Ordinance ready for this meeting which would be
a slight increase in both the water and the sewer charges. He
stated that the money needed to operate this department efficiently,
under today's pressing conditions, was:
Commercial Customers $ 7,608.66
Residential Customers 27,914.15
He stated that the proposed increase was approximately two dollars
($2.00) per month on residential accounts with a proportionate
increase on commercials in accordance with the size of the meter.
Mr. Bond than stated some of the reasons that brought about this
increase which he would propose, such as the tremendous increase
in electricity and other utilities, the requirements by the
Environmental Protection Division of the State Department of
Natural Resources and the Federal Environmental Protection Agency
that the personnel we use to operate our Sewage Treatment Plant
and Lift Stations be trained, qualified and licensed by the State
and all of this takes money. Councilman Bond continued stating
that there was a time when we used to pump sewage effluent into
our marshes and streams. We cannot do this anymore under any
circumstances, he stated. We are therefore telling you this is
the money that is needed to operate Savannah Beach Sewage and
Water System, so these rates will have to be increased.
City Attorney Pinson informed Council, that as discussed .
several weeks ago with them, it has become necessary for Savannah
Beach to adopt the National Flood Insurance Regulations to
conform to all the requirements of the Flood'Insurance Act. He
stated further, that at Councils request, he had prepared an
Ordinance which would comply with all of these requirements and
that it was now up for Council's adoption at this meeting and
that if unanimous consent was given by Council it could be
adopted on both first and second readings at this meeting.
However, he stated, that in order to get the answers to some of
the questions that may be in the minds of the Mayor and Council
or some of the residents, he had invited to this meeting Mr.
Dave WiLtsie who is Senior Resources Planner of the Department of
Natural Resources, State of Georgia, who is the coordinator of
Flood Insurance between the State and the Housing and Urban
Developement Commission.
Following his introduction by Attorney Pinson, Mr. Wittsie
answered various questions propounded to him by Members of Council
and also by residents in the audience. Before closing he stated
that the City had no alternative but to adopt these regulations
due to the fact that if the requirements of the. National Flood
Insurance Act were not complied with we would lose all of our
-11
Federal Funds including Pollution Abatement Grants, Revenue Sharing,
FHA and VA Loans, etc. He said further that the requirements
applied to all residential property and also to industrial and
commercial property as well. Also, that henceforth, all structures
must be elevated or flood proofed. Following the questions, answers
and discussion by Mr. Wilt_sie, City Attorney Pinson read the
Ordinance in its entirety as follows:
ORDINANCE
Following the reading of the Ordinance, Mr. Joe Agnew
moved that this Ordinance be adopted on first and second reading
at this meeting. The motioned was seconded by Councilman Wylly
and unanimously carried. Thereby adopting the Ordinance on both
first and second reading at this meeting.
Next on the agenda City Attorney Pinson informed Council
that he had been requested to prepare an amendment to our Traffic
Ordinance concerning parking decals which was an Administrative
Procedure in regard to the location on the vehicle where the
decal was supposed to be placed. He than read the following
Ordinance amending our Traffic Ordinance:
ORDINANCE
Following the reading of this motion, Councilman Fahey
moved that the Ordinance be adopted by unanimous consent at
both readings at this meeting and it was seconded. by Councilman
Agnew. It was put to a vote by Mayor Counihan and unanimously
carried on both first and second readings.
City Attorney Pinson informed Council,that the speed limits
on Butler Avenue, all the way from the city limits, which was also
a part of U.S. Route 80, were controlled by the State Department
of Transportation. He stated further that they had made a study
of our present speed limits and had recommended some changes. He
than read the following Ordinance amending our Traffice Ordinance
which embodies these recommendations:
ORDINANCE
Councilman Fahey moved that we adopt this Ordinance at
this meeting on both first and second readings by unanimous
consent. This motion was seconded by Councilman Agnew and unanimously
carried.
Following the vote on the motion, City Attorney Pinson
added that this Ordinance would not become effective until such
time that the proper traffic signs could be erected denoting
these new limits.
46
-12-
At this point on the agenda Councilman Joe Agnew presented
the Annual Budget for the fiscal year beginning May 1, 1975
and ending April 30, 1976. He read the amounts of proposed
expenditures and the appropriations necessary to meet these
expenditures and requested Council's approval of same.
Following the reading of the Budget, Councilman Agnew
moved its adoption and.this motion was seconded by Councilman
John Wylly and unanimously carried.
At this point Mr. Matthew Doyle, a resident citizen, rose
and questioned whether or not the City was practicing efficiency
by such a large increase in the Budget stating that in 1974 the
Budget was $447,000.00, whereas, in 1975 the Budget just presented
by Mr. Agnew reflected an anticipated income of $610.000.00.
Mr. Doyle stated further that somewhere along the line we have
got to cut down on these expenses as it was too hard on the
retirees living on the beach. He stated that in some cases these
retired people would be forced to move elsewhere. Mr. Doyle
stated further he wanted to go on record as saying that somewhere
along the line we have got to have more efficiency in our government
and he wanted to go on record as saying that. The question was
then called for, a vote was taken and the motion to adopt this
Budget was unanimously carried.
BUDGET 1975 1976
In regard to the next item on the agenda City Attorney
Pinson informed Council that at the last session of the Georgia
General Assembly in Atlanta, a bill had been passed which would
enable municipalities, under certain conditions, to regulate
the closing hours of establishments dealing in the sell of alcoholic
beverages. He stated further that the City may, at its discretion,
allow bars to remain open until three (3) A.M. on Sunday, that is
bars who sell alcoholic beverages by the drink. However, he stated
under these provisions the City also has the authority to allow
establishments selling alcoholic beverages by the drink which
also derive at least forty percent (40 %) of their annual gross
food and beverage sales from prepared meals or food to serve
with meals alcoholic beverages by the drink on the premises
between the hours of twelve (12) noon and twelve (12) midnight on
Sunday. Attorney Pinson stated further that this bill did not
effect the existing law concerning the selling of alcoholic .
beverages in unbroken packages. He stated further that under
this bill it is unlawful to sell any alcoholic beverage in unbroken .
packages between the hours of twelve (12) midnight on Saturday
night and twelve (12) midnight on Sunday night.
City Attorney Pinson continued by saying that before the
City can adopt the Ordinance authorized by this act, a special
-13-
47
referendum must be held and the majority of all voting must
favor the regulations set out herein above. The referendum
can either be called by the Mayor and Council or upon a written
petition containing fifteen percent (15%) of the names of the
registered and qualified voters of the City requesting such
a referendum. If the referendum votes approval or disapproval,
he stated, another one.cannot be held for atleast two (2) years.
Mrs. Hortense Doyle, a visitor at the meeting, complained
to Council of the poor drainage conditions existing around her
property on 17th Place. She stated that high tides coming over
the parking lot flooded her property frequently, destroying her
grass and flowers. Mrs. Doyle was advised by. Council that it was
their intention to pave the parking area adjacent to her property
and that they felt that this together with the completion of the
Erosion Control Project would prevent this flooding.
There being no further business, the meeting was adjourned
to the next regular or special called meeting.
MAYOR
CLERK OF COUNCIL
48
1
1
1
1
O R D I N A N C E
AN ORDINANCE TO AMEND ARTICLE 1 AND ARTICLE 2 OF
CHAPTER FOUR, ANIMALS AND FOWL, OF THE CODE OF OR-
DINANCES, CITY OF SAVANNAH BEACH, TYBEE ISLAND,
GEORGIA, SO AS TO PROVIDE REGULATION OF ANIMALS
AND FOWL, TO PROVIDE AN AREA WHEREIN THE KEEPING,
RIDING, OR DRIVING OF HORSES AND PONIES IS PROHI-
BITED, TO PROVIDE FOR THE REGISTRATION OF DOGS AND
RESTRICTION ON DOGS RUNNING AT LARGE, TO PROVIDE
FOR THE IMPOUNDMENT AND DISPOSITION OF STRAY ANI-
MALS, TO PROVIDE FOR PENALITIES FOR VIOLATION THERE-
OF, TO REPEAL CONFLICTING ORDINANCES, AND FOR OTHER
PURPOSES.
BE IT ORDAINED, by the Mayor and Councilmen of the City of
Savannah Beach, Tybee Island, Georgia, in Council duly as-
sembled and it is hereby ordained by authority of the same
that article 1 and article 2 of chapter four of the Code of
Ordinances of the City of Savannah Beach, Tybee Island, Georgia
are stricken'in their entirety and a new article 1 and article
2 of chapter four is inserted in lieu thereof, which shall
read as follows:
ARTICLE I. IN GENERAL
Section 4 -1 - DEFINITIONS.
The following definitions shall apply in the inter-
pretations and enforcement of this ordinance:
1. Animals: Animals shall mean horses, poinies,
mules, cattle, sheep, goats, swine, dogs, rabbits, guinea
pigs, hamsters, and similar animals.
2. Fowl: Fowl shall mean chickens, turkeys, geese,
ducks, piegons, and similar fowl.
1
3. Housing: Housing shall mean any building, shed,
cage, pen or similar structure used for the housing of animals
and fowl.
4. Enclosures: Enclosures shall mean any uncovered,
enclosed parcel of land where animals or fowl are kept.
5. Nuisances: Nuisances shall mean whatever is dan-
gerous or detrimental to human life or health and whatever
renders or tends to render soil, air, water, or food, impure
or unwholesome.
6. Person: Person means any person, firm, partner-
ship, corporation, association or agency.
7. Health Officer: Health Officer shall mean the
Health Officer, City of Savannah Beach, Tybee Island, Georgia
or his authorized representative.
Section 4 -2 - ANIMALS RUNNING AT LARGE.
It shall be unlawful for any animal, cattle, hog,
pig, horse, mule or cow to be allowed to feed or to be loose
on any part of the right of way of any public road within
the City and the owner of any such animal, cattle, hog, pig,
horse, mule or cow found on any part of the right of way of
any public road within the City shall be fined or imprisoned,
or both, under the provisions of section 4 -8, and said animal,
cattle, hog, horse, mule, or cow shall be impounded according
to law.
Section 4 -3 - ENCLOSURES OF FOWL.
Any housing or enclosure used for the keeping of an-
nimals or fowl shall be well drained, free from accumula-
tions of animal excrement and objectionable odors, and other-
wise clean and sanitary.
Section 4 -4 - DISTANCE OF ANIMAL ENCLOSURES FROM BUILDINGS.
Any housing or enclosure used for the keeping of
animals or fowl shall be kept at the following minimum dis-
tances from any occupied building, except the dwelling unit
of the owner, unless the permission of the occupant of the
adjucent building and the Health Officer is given for a
lesser distance.
A. 1 ANIMALS AND FOWL DISTANCE
ONE or more - mules, cattle,
sheep, goats, and similar
animals 100 feet
Three or less -swine 300 feet
Four or more -swine 900 feet
Four or more -dogs 100 feet
Five or more - rabbits,
guinea pigs, hamsters
1
1
and similar animals 100 feet
Five or more -fowl 100 feet
A. 2 Horse stables (not enclosures or fences)
shall be a minimum of 50 feet from any occupied building
except the dwelling unit of the owner unless the owner of
the adjucent building and the Health Officer give permission
for a lesser distance.
B. Animals and fowl not specifically mentioned in
this ordinance shall be kept at minimum distances deemed
reasonable and necessary by the Health Officer.
C. In case of bona fide licensed pet shops, veterin-
ary hospitals, stock yards, poultry farms, and similar commer-
cial establishments, the Health Officer may modify these re-
quirements where undue hardship would result from their strict
enforcement.
Section 4 -5 - NUISANCES.
The owner of animals and fowl shall be responsible
for correcting or abating any nuisance that may arise from
the keeping thereof.
Section 4 -6 - KEEPING, RIDING OR DRIVING HORSES OR PONIES
AREA IN WHICH KEEPING PROHIBITED
It shall be unlawful for any person to have or keep any
horse or pony at any place within the City, except north and
west of the following line: Beginning at the southwestern
side of Venetian Inlet; running thence in a northerly direc-
tion along the westerly side of Horse Pen Creek to its inter-
section with U.S. Route 80; thence in a westerly direction
along the south side of U.S. Route 80 to its intersection with
Campbell Avenue; thence in a northeasterly direction along the
westerly side of Campbell Avenue to its intersection with Van
Horn Street; thence in a northerly direction along the westerly
side of Van Horn Street to the Savannah River, all of which
appears on a map located in the City Clerk's office, Savannah
Beach, Tybee Island, Georgia, said map is incorporated herein
and made a part here of. Provided further that this Section will not
become effective until Sixty (60) days from date of enactment
of Ordinance.
Section 4 -7 - Same - AREA IN WHICH RIDING OR DRIVING PERMITTED.
It shall be unlawful for any person to ride or drive
any horse or pony at any place within the City, except north
and west of the line described in Section 406.
1
1
1
Section 4 -8 - PENALTY.
Any person violating any of the provisions of sections
4 -1 through 4 -7 shall upon conviction before the Recorder of
the City of Savannah Beach, Tybee Island, Georgia, be fined
not less than One Dollar ($1.00), or exceeding One Hundred
Dollars ($100.00), or imprisoned for a term not exceeding thirty
(30) days, either or both, in the discretion of the Recorder
trying such person.
ARTICLE II. DOGS
Section 4 -9 - REGISTRATION OF DOGS.
(a) Each owner or possessor and any person who harbors
or keeps any dog within the limits of The City shall cause
such dog to be registered in the office of the Clerk of the
City of Savannah Beach and shall secure an annual license
tag for such dog.
(b) The license fee for a dog license shall be $3.00
per year, provided that any person who maintains four or
more dogs exclusively for purposes of hunting, sporting events,
field trials andlike purposes, which are at other times con-
fined to a kennel shall pay the annual sum of $12.00 for
said dogs which shall be in lieu of the $3.00 per year license
fee heretofore mentioned. Any license not acquired and paid
for prior to March 1 of any year shall thereafter be assessed
an additional $1.00 as a penalty charge.
L.
1
1
Section 4 -10 - NOTIFICATION REGARDING TAG REQUIREMENT.
Where any dog is found within the City without having
a license tag as hereby required, it shall be the duty of the
Health officer to verbally notify the person in charge of
the premises whereon the dog is found to come forward and
procure a tag.
Section 4 -11 - RABIES INOCULATION REQUIRED.
All dogs within the City shall be required to be ad-
equately inoculated against rabies in accordnace with the laws
of the State of Georgia applicable thereto.
Section 4 -12 - SAME; DUTY OF HEALTH OFFICER.
Upon the failure of a person to comply with the notice
given him as provided under this ordinance, within twenty -
four hours after receiving same, or should the person in charge
of the premises upon which an unlicensed dog is found disclaim
ownership of such dog, by himself or any member of his house-
hold when so notified, it shall thereupon become the duty
of the Health Officer to go upon the premises and take charge
of and impound the dog.
Section 4 -13 - IMPOUNDMENT OF DOGS.
Any dog found upon the streets, lanes, highways,
roads or beaches of The City in violation of this ordinance,
shall be caught by the Health officer, or his assistants, and
impounded. The Health officer, or his assistant shall have
the specific right to enter upon any unenclosed private pro-
1
perty when in hot pursuit of any dog in violation of this
ordinance to secure, capture and impound said dog.
Section 4 -14 - PAYMENT OF FEES.
Within three days after a dog is impounded, the owner,
possessor or any representative of the owner or possessor
may come forward and pay the annual license tax, if he has
not paid the same, an impounding fee of Ten Dollars for each
dog impounded and One Dollar per day for each day that the
dog is housed and fed in the dog pound or humane shelter
by the authorities of the City.
Section 4 -15 - DOGS KEPT THREE DAYS.
Any dog impounded under the provisions of this ordinance
shall be kept for three days in some convenient place, to be
known as the dog pound or humane shelter, located in Chatham
County.
Section 4 -16 - DOGS PUT TO DEATH.
Any dog impounded under this ordinance whose owner,
possessor or representative shall not come forward within
three days after the impoundment and pay the license tax and
the fees specified in this ordinance shall be put to death in
some humane shelter.
Section 4 -17 - DELEGATION OF SHELTER OF DOGS.
The shelter and impounding of dogs found within the
City in violation of this ordinance, may be delegated to and
performed by such organization as shall be selected by the
Mayor and Councilmen provided that the operation of the humane
shelter so operated shall be under the direction and control
and subject to the supervision of the health officer of the
City.
Section 4 -18 - RESTRICTION ON DOGS RUNNING AT LARGE.
It shall be unlawful for any dog to be on the streets,
laines, highways, roads or beaches of the City, or loose on
vacant lots or unenclosed lots, so that he may freely have ac-
cess to the streets, lanes, highways, roads or beaches of
the City, unless such dog is effectually muzzled so that it
is unable to bite or unless such dog is held firmly on a leash
held by a person. It shall be the duty of any owner or possessor
or any person who harbors or keeps any dog to confine securely
the same within the limits of his own premises and not to per-
mit such dog to run or have access to run the street, lanes,
highways, roads, beaches or parks of the City except as above
set forth orfor hunting, field trials and the working of said
dogs.
Section 4 -19 - DOGS PROHIBITED ON BEACHES.
It shall be unlawful for any person who owns or has
charge of a dog to permit the same on the beaches within the
City under any conditions whatsoever. Any dog found upon the
said beaches shall forthwith be impounded. Sections 4 -9 through
4 -181 shall not '"be construed in any manner as giving a
1
right to the owner or custodian of the dog to allow the
same on the public beaches within the corporate limits of
the City.
Section 4 -20 - PENALTY.
Any person violating any of the provisions of this
ordinance shall, upon conviction before the Recorder of the City
of Savannah Beach be fined not less than One Dollar ($1.00)
or exceeding One Hundred Dollars ($100.00), or imprisoned
for term not exceeding thirty (30) days, either or both, in
the discretion of the Recorder trying such.
Section 4 -21 - ALL ORDINANCES OR PARTS OF ORDINANCES IN
IN CONFLICT HEREWITH ARE HEREBY REPEALED.
Adopted in open Council this Z Fnyday of April, 1975.
By
Attest
THE CITY OF SAVANNAH BEACH, TYBEE ISLAND,
GEORGIA
First Reading: April 28, 1975
Second Reading: April 28, 1975
Enacted: April 28, 1975
R E S O L U T I O N
WHEREAS, the City is authorized to promulgate rules
and regulations for the control of animals within its juris-
diction when such is in the best interest of the City; and,
WHEREAS, the City Charter grants the power to contract
to the governing authority of the City for the transaction of
municipal business and for the welfare and proper government
of the City,
NOW THEREFORE BE IT RESOLVED, that the HUMANE SOCIETY
of CHATHAM - SAVANNAH, INC., is hereby appointed as the agent of
the City of SAVANNAH BEACH, TYBEE ISLAND, GEORGIA, for adminis-
tration of its Animal Control Ordinance.
BE IT FURTHER RESOLVED, that M.J. COUNIHAN, Mayor
of the City of SAVANNAH BEACH, TYBEE ISLAND, GEORGIA, is hereby
authorized to enter into an agreement with the HUMANE SOCIETY
of CHATHAM - SAVANNAH, INC., for this purpose.
ADOPTED IN OPEN COUNCIL this 28th day of April, 1975.
(SEAL)
First Reading:
Second Reading:
Enacted:
THE CITY OF SAVANNAH BEACH,
TYBEE ISLAND, GEORGIA
April 28, 1975
April 28, 1975
April 28,1975
1
1
SAVANNAH CHATHAM HOTEL MOTEL ASSOCIATION
RESOLUTION #1
Whenea4 : The General A44 emb!y o6 the State o Geong.La pa44 ed
H. 8. 248 du ing .Lt'4 £a4t 4e44.Lon, and,
Whenea4: the General A44embty deelated the intent o6 the Leg.L4-
lation in Sec. (IA) Sec. IA (1) Sec. 1A (2) Sec. (14) 3
and Sec. 18 to -wit: the Genenat A44embly heneby i.Lnd4,
detetm.Lne4 and declaxe4: that the encouragement, devel-
opment, growth and expan4Lon of toun.i,am and convention4
within the State o f Geoxg.La axe £mpottant to the
economy o S the State and to the g enenat. weliane o6
.Lt4 c.Ltizen4; that the major touti4m and convention
eentet4 o6 the State 4hould have the ii,nancial abiti.ty
to attract and promote touni4m and convent.Lon4, and to
pnov.Lde the nece44ary pubtLe ilae.LUt.Le4 to compete in
the dome4t.Le and .Lntetnat.Lonal travel and convention
matIzet4; that eount.Le4 and municipalitie4 of th.L4 State
ate hand put to deLivex the 4erv.LCe4 and Sae.Ll.Ltie4
demanded os them to promote and attract 1.4.12044 and
convention delegate4. In accordance with the4e i.Lnd.Lng4,
it .L4 heneby dectaned to be the punpo4 a and intent o it
the Genera.e A44embty that each county and municipality
in thi4 State 4hall be authon.Lzed bo levy and impo4e
centain exc L4e taxe4, and that the £undo be made
1
ava.L.Zabte to the govennJng authokities os such counties
and mun.Lc.Lpa24t.Le4 4on any public puxpo4 es and tka ':tthe
4und6 be made available, at40, pt the punpo4e4 o6
pnomot.Lng , attnact.Lng , stimu.Zat.ing and developing
conventions and touni4m in such count.Le6 and mun.Lc.L-
paZ.Ltie6, And
Wheneas : the lodging .Lndudtny wilt solely be changed with the
collection and exp!anat.ion o6 the tax to the pubt.Lc, and,
Wheneas: the intent o6 H. 8. 248 .i.s exactly the same as Ant. 1 Sec.
3 Panagnaph D. oun Constitution to -wit punpose: V,
to encourage toun.ist, business and convention travel
in Savannah metnopo.Z.Ltan area. And,
IIIWhereas: the vague wond.Lng of tines 65, 66, and 67 oty said
Leg.L4 Zat.Lon quote, ( "and, that the icunda be made
available to the govenn.ing authonit.Le6 04 6uch counties
and mun.Lc.Lpatit.ies £on any pubUa punpo4e6 and that the
4und4 be made ava.Llab.Ze, also, ") end quote. Now
thene6one be it
Resolved: that we, the undens.Lgned memben6 of the Savannah
Chatham Hotel Motel Association, do petition th.L4
Honorable board to publicly state, by ond.Lnance, that
at least 750 oiS all monies collected, thnu th.i6 act, be
channeled d.Enectl y to the punpo4 es as set Path in
the .intent o i the Law, namely to i.inance the pnomot.ing
o f convent.Lon4 and toun.i4m in th.L4 locality, establish
an oWee to admLn.ibten the pnomot.2on oS eonventLon4,
trade dhowa and toun.Lam in genenat. Be it iunthen
ReboLved: that the 4env.Lee4, adv 4e and coun4et o f the Executive
Board o f Savannah Chatham lotet Motel A44ociation are
avaitabte bon any punpoae, ion the eb5eetive Lmplemen-
tat.i.o n o i the tax.
1,0; -Tded i‘,
Zs/
tjk
• 0- r i.;s voil°'•61 AP11'147
Li)
. ,
4>
-
/ 7
I i 1
Z2/ ,/,.;\
4-;
4--•'. --
)
<17
#
#'
r?"17•-:
1
?OR try
'
tY
)
/./
(7(),1)41]. 11)/SIA
• flo
-.041110.3zih,
A Wi
/
-
MEMBERS
"Yr
.+E. °I‘k tCk
—C=0*,•••11az
Ad'di
19*-1 t.
Y.1
eke",
,e4,v
1
1
1
AN ORDINANCE
AN ORDINANCE AMENDING SECTIONS 3 -4 AND 3 -5 OF THE CODE OF
ORDINANCES, CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA, SO
AS TO PROVIDE THAT THE REGISTRATION CARD ISSUED TO HOLDERS OF
WHOLESALE LIQUOR, BEER, OR WINE LICENSES AND THEIR EMPLOYEES
BE ISSUED BY THE CHAIRMAN OF THE POLICE COMMITTEE, CITY COUN-
CIL, SAVANNAH BEACH, TYBEE ISLAND, GEORGIA; TO REPEAL CON-
FLICTING PROVISIONS AND FOR OTHER PURPOSES.
BE IT ORDAINED by the Mayor and Councilmen of the
City of SAVANNAH BEACH, TYBEE ISLAND, GEORGIA, in regularly
monthly council duly assembled, and it is hereby ordained by
authority of the same that Section 3 -4 of the Code of Ordinances
of the City of SAVANNAH BEACH, TYBEE ISLAND, GEORGIA, is here-
by stricken in its entirety and a new Section 3 -4 is inserted
in lieu thereof, which shall read as follows:
"Section 3 -4 Registration With Chairman Of Police
Committee - LICENSEE"
It shall be unlawful for any holder of a wholesale
liquor, beer, or wine license or the holder of a retail liquor,
beer, or wine license to operate thereunder any place of bus-
iness without having a registration card signed and issued by
the Chairman of the Police Committee, City Council, Savannah
Beach, Tybee Island, Georgia. Application for registration
cards is to be made at the Police Department, Savannah Beach,
Tybee Island, Georgia.
SEC. II.
Section 3 -5 of the Code of Ordinances of the City of
Savannah Beach, Tybee Island, Georgia, is hereby stricken in its
1
1
1
entirety and a new section 3 -5 is inserted in lieu thereof,
which shall read as follows:
"Section 3 -5 Same - Employees."
.9
It shall be unlawful for the holder of any alcoholic
or malt beverage license as specified in Section 3 -4 to permit
himself or any other person to work or to serve in or about his
place of business unless said person has a registration card
issued and signed by the chairman of the Police Committee,
City Council, Savannah Beach, Tybee Island, Georgia, setting
forth therein the name of the employer and location of place
of employment. Application for registration cards is to be
made at the Police Department, Savannah Beach, Tybee Island,
Georgia.
SEC. III.
All ordinances or parts of ordinances in conflict
with these ordinances are hereby repealed.
ADOPTED in open Council this 28th day of April, 1975.
CITY OF SAVANNAH BEACH, TYBEE ISLAND,
GEORGIA
By:
Attest:
SEAL
First Reading: April 28, 1975
Second Reading: April 28, 1975
Enacted: April 28, 1975
a
City Cler
1
1
AN ORDINANCE
AN ORDINANCE TO PROVIDE, PURSUANT TO SECTION 39 OF
THE CHARTER, SAVANNAH BEACH, TYBEE ISLAND, GEORGIA,
A SPECIAL TAX FOR THE COLLECTION AND DISPOSAL OF
GARBAGE; TO PROVIDE FOR THE BILLING AND COLLECTION
OF SAID TAX; TO PROVIDE PENALTIES FOR NON- PAYMENT
OF SAID TAX; TO PROVIDE FOR AN EFFECTIVE DATE; AND
TO REPEAL ALL CONFLICTING ORDINANCES AND FOR OTHER
PURPOSES.
BE IT ORDAINED by the Mayor and Councilmen of the
City of Savannah Beach, Tybee Island, Georgia, in Council
duly assembled, and it is hereby ordained by the authority
thereof as follows:
SEC. I. Imposition of Tax - Schedule of Assessements.
Pursuant to the authority granted the City Council
in Section 39 of the Charter of Savannah Beach, Tybee Island,
Georgia from and after the effective date of this ordinance
there shall be established a special tax for the collection
and disposal of garbage within the City limits, Savannah
Beach, Tybee Island, Georgia. The rate of assessment of
this tax for establishments within the City limits of Savannah
Beach, Tybee Island, Georgia, shall be on a monthly basis
and shall be as follows:
FAMILY DWELLING UNIT - $2.00 per Month
BUSINESS ESTABLISHMENTS, engaged in the
selling, offering for sale, or giving away
of intoxicating liquors by the drink - $15.00
per month
APARTMENT, ROOMING HOUSE, HOTELS, TOURIST
COURTS, MOTELS, in which two or more units
are rented or offered to the public for
rental - $5.00 per month
APARTMENT, ROOMING HOUSES, HOTELS, TOURIST
COURTS, MOTELS, in which two or more units
are rented or offered for rental to the pub-
lic and the facilities of which also include
a restaurant - $12.00 per month
RESTAURANTS - $9.00 per month
DEPARTMENT STORES - $12.00 per month
GROCERY OR PROVISION STORES - $10.00 per month
BUSINESS ESTABLISHMENTS, engaged in the sale
of gasoline, oil, and /or automobile mainten-
ance and repair - $7.00 per month
ALL OTHER BUSINESS ESTABLISHMENTS not specifi-
cally covered herein - $3.00 per month
SEC. II. Billing, Collection & Penalties.
Bills for this tax shall be rendered monthly and
the assessment shall be listed as a separate item on the
same bill with the water and sewerage charges. Such bills
shall set forth therein the separate charge for water ser-
vice, sewerage service, and garbage tax, and the total there-
of. No payment shall be accepted for any one of these charges
unless all of the charges are paid at the same time. There
shall be no discount allowed for prompt payment. If any
bill shall not be paid before the tenth (10th) day following
the original date of billing, it shall be declared delinquent
and the City Clerk or his designated assistant shall mail out
to each customer, whose bill is delinquent, a notice of de-
linquency which notice shall be deemed to be a last and final
notice.
If any bill for this tax shall not be paid within
twenty (20) days from the original date of billing, water
service to the delinquent customer shall be immediately
shut off and discontinued. Such water service shall not
be restored or turned on until the delinquent bill has been
paid in full; together with a disconnection charge and a
reconnection charge in the amount of $5.00 each.
SEC. III.
herewith
conflict
Validity
All ordinances or parts of ordinances in conflict
are hereby repealed, but to the extent of such
only.
The invalidity of any section, clause,
provision of this ordinance shall not affect the
of any other part of this ordinance which can be
without such invalid part or parts.
sentence or
validity
given effect
SEC. IV. Effective Date
This Ordinance shall be in full force and effect
on the first day of May 1, 1975.
SEC. V. Repealing Clause
1
1
1
1
All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
CITY OF SAVANNAH BEACH,
TYBEE ISLAND, GEORGIA
BY:
Mayor
ATTEST: "n-•?'a...-c--evc-1
(SEAL)
First Reading: April 28, 1975
Second Reading: April 28, 1975
Enacted: April 28, 1975
City Clerk
1
1
1
AN ORDINANCE
AN ORDINANCE AUTHORIZING THE CITY OF SAVANNAH BEACH
TYBEE ISLAND, GEORGIA, TO IMPOSE, LEVY AND COLLECT
CERTAIN EXCISE TAXES IN PLACES WHERE ROOMS, LODGINGS
OR ACCOMMODATIONS ARE REGULARLY FURNISHED FOR VALUE;
TO PROVIDE THE PROCEDURES CONNECTED THEREWITH; TO
PROVIDE FOR SEVERABILITY; TO PROVIDE AN EFFECTIVE
DATE; TO REPEAL CONFLICTING LAWS; AND FOR OTHER PUR-
POSES.
BE IT ORDAINED by the Mayor and Councilmen of the City
of Savannah Beach, Tybee Island, Georgia, in Council duly as-
sembled, and it is hereby ordained by the authority thereof
as follows:
SEC. I. Imposition of Tax.
There is hereby levied imposed, in addition to all
other taxes of every kind now imposed by local ordinance,
State and Federal law, a tax to be collected at the rates
and in the manner hereinafter set forth upon the sale or
charges for any rooms, lodgings or accommodations furnished
within the City Limits, Savannah Beach, Tybee Island, Georgia:
a. An excise tax upon the furnishing for value
to the public of any room or rooms, lodging or
accommadations furnished by any person or legal
entity licensed by or required to pay business
or occupational taxes to the City of Savannah
Beach, Tybee Island, Georgia for operating a
Hotel, Motel, Inn, Lodge, Tourist Camp, Tourist
Cabin, or any other place in which rooms, lodg-
ings, or accommadations are regularly furnished
for value.
b. The rate of taxation shall be three per cent
(3 %) of the charge to the public for such fur-
nishing; however, the aggregate of said taxes
levied upon the sale or charges for any rooms,
lodgings or accommadations, shall not exceed
seven per cent (7 %) of the charge to the pub-
lic for such furnishings.
c. No such tax shall be levied upon the sale
or charges for any rooms, lodgings, or accom-
madations, furnished for a period of more than
ten (10) consecutive days to any member of the
public, or for the use of meeting rooms.
SEC. II. Tax Collectible From Dealers; "Dealer" Defined.
The aforesaid tax at the rate of three per cent (3 %)
of the charge to the public for such furnishings, as of the
moment of sale, or as of the moment of purchase, as the case
may be, shall be collectible from all persons, as defined in
this section, engaged as dealers.
The term "Dealer" as used in this ordinance shall in-
clude any person or legal entity licensed by or required to
pay business or occupational taxes to the City of Savannah
Beach, Tybee Island, Georgia, for operating a Hotel, Motel,
Inn, Lodge, Tourist Camp, Tourist Cabin or any other place
in which rooms, lodgings, or accommadations are regularly
furnished to the public for value.
SEC. III. Returns As to Proceeds of Sales or Charges;
Taxation of Proceeds; Reports.
a. Beginning the first day of May, 1975, and
for the purpose of ascertaining the amount of
tax payable under this ordinance, it shall be
the duty of all dealers on or before the 20th
day of the month following the month in which
this tax shall become effective to transmit
to the clerk, City of Savannah Beach, Tybee
Island, Georgia, upon forms prescribed, pre-
pared and furnished by him, returns showing
the gross sales or charges, as the case may
be, arising from all sales or charges tax-
able under this ordinance during the preceding
calendar month, or during the part of the
preceding calendar month running from the
effective date of this ordinance to the end
of such month; and thereafter like returns
shall be prepared and transmitted to City
Clerk by all dealers on or before the 20th
day of each month, for the preceding calen-
dar month.
1
1
b. The tax as outlined in Section I. herein -
above shall be paid to the City Clerk based
upon the return made as outlined in Sub-heading
"a."of of this section for such taxable period on
or before the 20th day of such period; provided
however, that if the 20th day falls on a Saturday,
Sunday, or holiday, the dealer may remit the same
no later than the first working day thereafter.
c. In reporting and paying the amount of tax
due under this ordinance, each dealer shall be
allowed a deduction equal to three per cent of
such amount; provided that the amount due was
not delinquent at the time of payment.
d. If any dealer liable for the tax levied
under this ordinance shall sell out his busi-
ness, or shall quit the business, he shall
make a final return and payment within fif-
teen days after the date of selling . or quiting
the business. His successor, successors, or as-
s Egns, if any, shall withhold sufficient of
the purchase money to cover the amount of such
taxes, until such former owner shall produce
a receipt from the City Clerk showing that
they have been paid. If the purchaser of a
' business shall fail to withhold the purchase
money as herein provided, he shall be person-
ally liable for the payment of the taxes, and
penalities accruing and unpaid on account of
the taxable sales made by any former owner,
owners or assignors .
SEC. IV. Duty of Dealer to Keep Records of Sales and
Charges.
It shall be the duty of every dealer required to make
a report and pay the tax under this ordinance, to keep and
preserve suitable records of the sales or charges, as the
case may be, taxable under this chapter, and such other books
or accountsas may be necessary to determine the amount of tax
due hereunder, and other information as may be required,
and it shall be the duty of every such dealer, moreover, to
keep and preserve, for a period of three (3) years all re-
cords of such sales and charges, and all such records shall
be opened to examination at all reasonable hours to the City
Clerk or any of his duly authorized agents.
1
SEC. V. EXECUTIONS.
Executions will be issued as provided by the general
laws of the State of Georgia on all properties for which the
taxes under this ordinance are not paid at the installment
due date.
SEC. VI. Severability.
The provisions of this ordinance are severable. If
any section of this ordinance is declared unconstitutional,
illegal or void, it shall not effect or impair any of the
remaining sections of this ordinance.
SEC. VII.
This ordinance shall become effective on the first
day of May, 1975.
SEC. VIII.
All ordinances or parts of ordinances in conflict
with this ordinance are hereby expressly repealed.
ADOPTED in open Council meeting this 0=•I 8 "y day of
April, 1975.
CITY OF SAVANNAH BEACH, TYBEE ISLAND
GEORGIA
BY:
ATTEST :
First Reading: April 28, 1975
Second Reading: April 28, 1975
Enacted: April 28, 1975
City Clerk
J
1
O R D I N A N C E
AN ORDINANCE ADOPTING CERTAIN LAND USE REGULATIONS TO PROVIDE
FOR THE PROTECTION OF STRUCTURES AND INHABITANTS FROM THE DAN-
GER OF FLOODING IN SAVANNAH BEACH, TYBEE ISLAND, GEORGIA; PRO-
VIDING FOR THE RECORDING OF APPLICABLE MAPS ON SPECIAL HAZARD
AREAS AND BASE FLOOD ELEVATIONS FOR SAVANNAH BEACH, TYBEE IS-
LAND, GEORGIA; DEFINING CERTAIN TERMS; DESCRIBING THE INTENT,
PURPOSE AND OBJECTIVES OF SAID PROGRAM; SETTING FORTH BUILD-
ING SPECIFICATIONS AND REQUIREMENTS FOR NEW CONSTRUCTION OF
RESIDENTIAL AND NON- RESIDENTIAL STRUCTURES; PROVIDING FOR BUILD-
ING SPECIFICATIONS AND REQUIREMENTS FOR SUBSTANTIAL IMPROVE-
MENTS OF EXISTING RESIDENTIAL AND NON- RESIDENTIAL STRUCTURES;
PROVIDING FOR PARTICULAR SPECIFICATIONS FOR COASTAL HIGH HAZARD
AREAS; PROVIDING THE PROCEDURE FOR AND TERMS AND CONDITIONS
OF SURVEYS TO BE ATTACHED TO BUILDING PERMIT APPLICATIONS;
PROVIDING THAT SAID ORDINANCE SHALL TAKE PRECEDENT OVER EXIST-
ING BUILDING AND ZONING ORDINANCES AND REGULATIONS; PROVIDING
FOR PENALTIES; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the Mayor and Councilmen of the City
of Savannah Beach, Tybee Island, Georgia, in Council duly as-
sembled, and it is hereby ordained by the authority thereof
as follows:
Section 1. Findings
(a) The City of Savannah Beach, Tybee Island, Georgia
recognizes there is a public need for flood insurance.
(b) It is in the best interest of the citizens of
Savannah` Beach, Tybee Island, Georgia, and necessary for the
protection of the life and property of said citizens from water
damage, to identify floodprone areas and implement related land
use controls.
(c) The private insurance industry has been unable to
satisfactorily provide for the insurance needs of the flood
prone areas within Savannah Beach,Tybee Island, Georgia.
(d) The Federal Flood Insurance Program has been es-
tablished under Federal Law the administration of the Depart-
ment of Housing and Urban Development to subsidize flood in-
surance in certain designated areas in which the local govern-
ment adopts certain land use regulations and construction stan-
dards established by the Department of Housing and Urban De-
velopment.
(e) Savannah Beach, Tybee Island, Georgia has been
designated an area of Special Flood Hazard and is therefore
eligible to participate in the Federal Flood Insurance Program.
Section 2. Purpose and Intent
The purpose of this Ordinance is to provide for ade-
quate, minimum standards and procedures for the construction
of new residential and non - residential structures, including
prefabricated and mobile homes, and for such structures that
are substantially improved so that such structures can be elig-
ible for insurance under the Federal Flood Insurance Program
and so that the construction of such structures will be in con-
formity with recognized construction technique designed to of-
fer flood protection.
Section 3. Definitions
For the purposes of this Ordinance the following de-
finitions shall apply in the interpretation, enforcement and
intent of this Ordinance. When not inconsistent with the context,
words used in the present tense include the future, words in the
plural number include the singular, and words in the singular
number include the plural. The word "shall" is always manda-
tory and not merely directory.
1
(a) BUILDING PERMIT: The permit as required by sec-
tion 5 -5 of the latest edition of the Code of Ordinances,
Savannah Beach, Tybee Island, Georgia.
(b) COASTAL HIGH HAZARD AREA: The portion of a coastal
flood plain having special flood hazards that is subject to
velocity waters, including hurricane wave wash and tidal waves
and which is designated as a "V" Zone on the applicable Flood
Map.
(c) FLOOD OR FLOODING: A general and temporary con-
dition of partial or complete inundation of normally dry land
are from (1) the overflow of streams, rivers, or other inland
water or (2) abnormally high tidal water or rising coastal waters
resulting from severe storms, hurricanes, or tidal waves.
(d) FLOOD MAPS OR OFFICIAL FLOOD INSURANCE RATE MAPS:
The set of five (5) separate maps of various areas of Savannah
Beach, Tybee Island, Georgia which were approved by the Depart-
ment of Housing and Urban Development. Said set of maps, dated
January 14, 1972, consists of the introductory or index map
which depicts the base flood elevation for each special flood
hazard zone designation and an explanation of each zone desig-
nation and four (4) individual maps numbered 03 through 06,
which numbers are indexed to the introductory map.
(e) FLOOD PROOFING: Those adjustments to properties,
structures and building contents which are designed or adapted
primarily to reduce flood damages to lands, potable water and
sanitary facilities and structures. It shall include structural
and non - structural additions, changes, and engineering techni-
ques which seal structures and keep them free from encroachment
of flood water below the 100 -year flood level. Any person who
attempts to use floodproofing techniques in order to satisfy
requirements of this Ordinance, as to nonresidential structures,
shall provide the City of Savannah Beach, Tybee Island, Georgia
with a certification from a professional engineer who is regis-
tered in the State of Georgia, that said structure is flood proofed
or has adequate flood proofing provisions designed within said
structure.
(f) LEVEL OF 100 -YEAR FLOOD: The highest level of
flooding that, on the average is likely to occur once every
100 years (or has a one percent chance of occurring each year.)
(g) SUBSTANTIAL IMPROVMENT: Any repair, reconstruc-
tion or improvement of a structure, the cost of which equals
or exceeds fifty percent (50 %) of the market value of the
structure either before the improvement is started, or if the
structure has been damaged and is being restored, before the dam-
age occurred. Substantial improvement is commenced when the
first alteration of any structural part of the building is be-
gun.
Section 4. Adoption of Official Flood Insurance Rate Maps
The Official Flood Insurance Rates Maps, including the
Zone designations on said map and all explanatory material noted
thereon, are hereby incorporated into this Ordinance by reference
in their entirety. Said maps shall be kept in the custody of
that individual delegated the administrative responsibility
by the Administrative Director of Savannah Beach, Tybee Island,
Georgia for the approval and issuance of building permits.
1
Said maps shall be referred to for a determination of the flood
prone and specified hazard areas and the One Hundred (100)
year base flood elevation line for a calculation of the construc-
tion requirements for any structure within Savannah Beach,
Tybee Island, Georgia under the provisions of this Ordinance.
Section 5. Requirements for Residential Construction
Within the areas of Savannah Beach, Tybee Island,
Georgia designated as Special Flood Hazards on the Flood Maps,
all new construction of residential structures or substantial
improvements of existing residential structures including pre-
fabricated and mobile homes, shall have the lowest floor of
such structure, including basements, elevated to or above the
applicable level of the 100 -year flood.
Section 6. Requirements for Non - Residential Construction
Within those areas of Savannah Beach, Tybee Island,
Georgia designated as Special Flood Hazard areas by the Flood
Maps, all new construction of nonresidential structures or sub-
stantial improvements of existing nonresidential structures
shall have the lowest floor, including basements, elevated to
or above the applicable level of the 100 -year flood, or, to-
gether with attendant utility and sanitary facilities, such non-
residential structures shall be flood proofed up to the appli-
cable level of the 100 -year flood.
Section 7. Coastal High Hazard Areas; Non - Conforming Uses
Within those areas designated as Coastal High Hazard
areas by the Flood Maps, all non - conforming uses on land below
the 100 -year flood level shall not be expanded.
Section 8. Development of Coastal High Hazard Areas.
Within those areas designated as Coastal High Hazard
Areas by the Flood Maps, no land below the level of the 100 -
year flood shall be developed unless the new construction or
substantial improvement shall:
(a) be located landward of the reach of the mean
high tide, and,
(b) be elevated on adequately anchored piles or columns
to a lowest floor level at or above the applicable 100 -year
flood level and securely anchored to such piles or columns, and,
(c) have no basement and have the space below the
lowest floor free of obstructions so that the impact of abnor-
mally high tides or wind driven water is minimized.
Section 9. Building Permit Applications Reviewed Prior to Issuance
Within those areas of Savannah Beach, Tybee Island,
Georgia designated as Special Flood Hazard areas by the Flood
Maps, all building permit applications for new construction or
substantial improvement of residential and non - residential struc-
tures including prefabricated and mobile homes shall be reviewed
to assure that the proposed construction shall:
(a) be protected against flood damage; and
(b) be designed or modified and anchored to prevent
floatation, collapse or lateral movement of the structure; and
(c) use construction materials and utility equip-
ment that are resistant to flood damage and
(d) use construction methods and practices that will
minimize flood damage.
1
i
Section 10. Survey to be Attached to Building Permit Application
Within those areas of Savannah Beach, Tybee Island,
Georgia designated as Special Flood Hazard areas by the Flood
Maps, all building permit applications for the construction or
substantial improvement of residential and non - residential struc-
tures including prefabricated and mobile homes shall be accom-
panied by a survey, signed and scaled by a professional sur-
veyor licensed in the State of Georgia, which specifically de-
signates the elevation of the graded or final building pad of the
site and of the proposed first floor of construction of such
new structure or substantial improvement to existing struc-
tures. Such survey shall be attached to the building permit
and must be approved as meeting the requirements of this Or-
dinance by the building inspector of Savannah Beach, Tybee
Island, Georgia prior to the issuance of a building permit.
Before a certificate of occupancy is issued for the structure,
the building inspector of Savannah Beach, Tybee Island, Georgia
shall inspect the premises to assure that the requirements of
this Ordinance have been met.
Section 11. Ordinance to Control Conflicting Laws
The provisions and requirements of this Ordinance
shall take precedence over any conflicting laws, Ordinances,
regulations or codes or parts thereof.
Section 12. Severability
In the event any section, sub - section, sentence,
clause or phrase contained in this Ordinance shall be declared
or adjudicated to be invalid or unconstitutional by a court of
competent jurisdiction, all the remaining provisions of this
Ordinance shall be and remain in full force and effect.
Section 13.
This Ordinance shall take effect immediately.
CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA
By kn .
ATTEST
[SEAL]
fAX O R 1/11-
First Reading: April 28, 1975
Second Reading:April 28, 1975
Enacted: April 28, 1975
Amended: July 14, 1975
1
CITY CLERK
1
1
1
AN ORDINANCE
AN ORDINANCE AMENDING SECTION 19 - 32 of THE CODE
OF ORDINANCES, CITY OF SAVANNAH BEACH, TYBEE ISLAND,
GEORGIA, SO AS TO PROVIDE FOR THE DISPLAY ON VEHICLES
OF PARKING DECALS.
SEC. I.
BE IT ORDAINED BY THE MAYOR AND COUNCILMEN of the City
of Savannah Beach, Tybee Island, Georgia, in regularly mon-
thly council duly assembled and it is hereby ordained by au-
thority of the same that Section 19 -32 of the Code of Ordin-
ances of the City of Savannah Beach, Tybee Island, Georgia
is hereby stricken in its entirety and a new section 19 -32
is inserted in lieu thereof, which shall read as follows:
"Section 19 -32 same - Display on Vehicles;
Design, etc.
Said decals shall be displayed on the rear bumper,
-driver's side, of the vehicle, and shall be of such design,
shape and color as may be designed by the governing body.
SEC. II.
All ordinances or parts of ordinances in conflict
with this ordinance are hereby repealed.
ADOPTED IN OPEN COUNCIL this 28th day of April, 1975.
SEAL
First Reading:
Second Reading:
Enacted:
CITY OF SAVANNAH BEACH, TYBEE ISLAND
GEORGIA
BY
ATTEST:
April 28, 1975
April 28, 1975
April 28, 1975
City Clerk
1
SEC. I.
AN ORDINANCE
AN ORDINANCE AMENDING SECTION 19 -5 OF THE CODE
OF ORDINANCES, CITY OF SAVANNAH BEACH, TYBEE
ISLAND, GEORGIA, SO AS TO PROVIDE FOR SPEED
ZONES ON STATE ROUTES WITHIN THE CITY.
BE IT ORDAINED by the Mayor and Councilmen of the
City of Savannah Beach, Tybee Island, Georgia, in regularly
monthly Council duly assembled and it is hereby ordained
by authority of the same that Section 19 -5 of the Code of
Ordinances of the City of Savannah Beach, Tybee Island,
Georgia is amended by inserting a new Section which shall
read as follows:
"STATE ROUTE 26: A speed of 45 MPH begin-
ning at the West City Limits of Savannah
Beach, Mile Post 33.56, and extending east-
erly to South Campbell Avenue, Mile Post 33.75,
a distance of 0.19 mile; thence, a speed of
35 MPH from South Campbell Avenue to Jones
Avenue, Mile Post 34.15, a distance of 0.40
mile; thence, a speed of 30 MPH from Jones
Avenue to Lovell Avenue, Mile post 34.23,
a distance of 0.08 mile; thence, a speed of
20 MPH from Lovell Avenue through the curve
intersection with Butler Avenue to Second
Street, Mile Post 34.36, a distance of 0.13
mile; thence, a speed of 30 MPH from Second
Street to Third Street, MIle Post 34.47, a
distance of 0.11 mile; thence, a speed of
35 MPH from Third Street to Thirteenth Street,
Mile Post 35.41, a distance of 0.94 mile; thence,
a speed of 25 MPH from Thirteenth Street to
the end of State Route 26, Mile Post 35.73.
a distance of 0.32 mile."
SEC. II.
All Ordinances and parts of Ordinances in conflict
with this Ordinance are herewith repealed.
1
1
1
1
Page 2.
SEC. III.
This Ordinance shall become effective when signs
indicating the correct speed for State Route 26 have been
posted by the Department of Transportation, Highway Division,
State of Georgia.
ADOPTED in open Council this 28th day of April, 1975.
CITY OF SAVANNAH BEACH, TYBEE ISLAND
GEORGIA
BY:
ATTEST:
SEAL
First Reading: April 28, 1975
Second Reading: April 28, 1975
Enacted: April 28, 1975
City Clerk