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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