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HomeMy Public PortalAbout19900510CCMeeting1 Tybee Island, Georgia May 10, 1990 The Tybee Island City Council held its regular monthly meeting on Thursday, May 10, 1990 at Tybee City Hall Auditorium. The meeting was opened by Mayor Charles J. Hosti at 7:30 p.m. The following members of Council were present: Paul Jackson, Jeff Dukes, Jimmy Brown, Bill Walsh, Patrick Locklear and Jack Youmans. The City Attorney, Thomas J. Mahoney, was also present. A large audience was welcomed by Mayor Hosti. Councilman Locklear led the invocation, followed by the Pledge of Allegiance. Mrs. Joan Guyer appeared as a visitor, to protest the plans formulated by the Chamber of Commerce for Memorial Day, saying that on a crowded holiday the problems created by a special event are a strain on local businesses, residents and the city's services. Ansley Williams spoke for the local Chamber, saying that the Events Committee is trying to create an event fort Tw'ouled be -n t�e tbetter 1nterestosu OCTilamin partieSar and they had agreed to move the site to the area between 1510 Strand and the Parking Services Office at 1601 Strand, a smaller area, preserving more city parking, and that the hours have been shortened to 11 a.m. until 9 p.m. John Jarvis, from the audience, questioned who is paying the bands, and was informed that the Chamber is doing so. Mark Padgett spoke for the GA DNR Sea Turtle Project, saying the nesting season is here for loggerheads and leatherbacks. We've had some success at Tybee with turtles nesting in the past two or three years. He showed everyone a sample sign the state is providing for turtle nesting beaches, saying that Linda Mundy, lifeguard supervisor, has offered the help of the lifeguards in placing the signs at every beach access point. He says they'll also be placed on the traps that are used to protect each nest we find, so as to contain the baby turtles safely until they can be released into the water. He told of an incident last year when the baby turtles were killed on the highway, having been confused by the lights and headed in the wrong direction. He thanked the city, especially public works, for their efforts in helping the turtles last year, saying that many were saved by city employees. He asked for a light ordinance to be considered to protect turtles during nesting season, saying that he will be bringing a sample ordinance for the Council's consideration in future. 1 Tybee Island, Georgia May 10, 1990 Page Two Gloria Allen spoke as a representative for Vision 20/20, saying that she and John and Jeanne Hutton attended a retreat at Savannah State College. She says Vision 20/20 is a year -long planning strategy for Chatham County. Task Forces will be working to bring back reports on education, etc. She said she'll be speaking at every opportunity and hopes that the Tybee people will participate because it's our chance to protect our coast. Jim Kluttz of the Planning Commission spoke concerning the sign ordinance, saying that it is the group's wish that the word "aggregate" in an be interpreted as total signs area. He requested that the City Council consider this question. Anne Monaghan spoke as a Tybee resident and principal of the Charles Ellis Montessori School for the school bond issue, asking the citizens to vote yes, please. She explained that taxes won't be changed, and that there will be a new school on Whitemarsh Island in the fall of '91 for Tybee elementary students to attend - a state of the art school. She said Meyers Middle School is adding an 8- classroom wing, and Johnson High a 4- classroom wing with extensive renovations. She said the state gives more funds to areas who support their schools, asking that Tybee people let things rest and go forward, voting for the school bond on June 5th. John Jarvis spoke to ask for a traffic light at Campbell and U S 80. Mayor Hosti said the city is still trying to get one there. There was a short discussion about why Tybee couldn't keep its elementary school. A Resolution honoring Bill Fleetwood was read by Mr. Mahoney. A copy is attached to, and becomes a part of, these minutes. Minutes of the April 12th meeting were accepted as written. Bills were approved as follows: Water /Sewer $17,475.72 General Govt. $20,669.71 Police $ 7,087.17 Public Works $ 9,865.60 Sanitation $18,927.78 Fire $ 2,073.47 1st Response $ 66.25 Recreation $ 3,319.61 Parking $ 1,648.16 Lifeguards $ 24.42 Tybee Island, Georgia May 10, 1990 Page Three It was noted that the General Government's total was higher than usual because two pension payments had been made in the period. Councilman Brown moved that the Sunrise Restaurant (Yao) be approved for sale of alcoholic beverages. There was a second by Councilman Youmans and the vote was unanimous in favor. Councilman Brown then moved that the Seagull request for alcohol sales be tabled since the police investigation isn't complete. This was seconded by Councilman Locklear and unanimously accepted. Mayor Hosti raised the question of the change of location for the Beach Music Festival (requested by Ansley Williams earlier) and Councilman Locklear moved the change be allowed, with a second by Councilman Walsh. The vote was unanimous in favor. It was announced that the Chamber has been allowed a one -day special permit for beer sales at the site. Mark Padgett's request to place signs about turtle nesting was approved unanimously, on motion by Councilman Walsh, seconded by Council- man Dukes. Councilman Youmans remarked that these signs should be removed after nesting season. Councilman Youmans said he has three bids for equipment for the fire department. This is a budgeted item, and he recommended that the low bid ($3,783 +) be accepted. This was seconded by Councilman Brown and unanimously approved. Councilman Youmans then announced that the City Attorney has drawn up an agreement between the city and Fort Pulaski to provide fire protection to Cockspur Island. He said he wants to give Council time to review it since the contract has just been given to him. This should provide an agenda item for the regular June meeting. Councilman Dukes said that the city is highly satisfied with its present contract for cleaning services for City Hall and TIPD but that he believes this should be put out to bids, and therefore recommends the present contract be extended for ninety (90) days to give an opportunity for formal bids. Councilman Walsh seconded and the vote was unanimous. Councilman Dukes spoke of the application for a business license for an ice cream concession within the amusement park on 16th Street. He said he has looked carefully into the background of -the amusement park concessions, and has examined the site. He said there is room between the sidewalk and the stand for customers to be served without blocking the sidewalk. 1 1 1 Tybee Island, Georgia May 10, 1990 Page Four He said he believes the stand to be integral to the park and to fit into its surroundings, so that mobility is not an issue. He further stated that the health permit is in order and that he believes the busines license request is within the law; he then moved the application be approved. Councilman Brown seconded. Mayor Hosti recognized the attorney for Ralph Davis who argued that mobile units are not allowed. Councilman Walsh said he doesn't consider this a mobile unit, it is in a fixed location within an amusement park and taxes are being paid by the owner of the park. The vote was unanimous in favor of granting the business license for Dairy Kone. Councilman Dukes spoke for the Tybee School Committee saying that as Chairman of the group that undertook to acquire the school property, there were several meetings resulting in a plan presented to the City Council. A letter and a Resolution followed, with a somewhat encouraging letter from Dr. Fay. We are now waiting for official action by the School Board. In the meantime, we want to ask our citizens, "What do you think should be done with the school buildings ?" Reference was made to a scale drawing by Bob Dyer displayed on an easel in the back of the auditorium. Councilman Dukes then introduced the committee members: Mrs. George McDonald, Bob Dyer, and Jim Monaghan were present. Members of the committee not able to attend were Gary Conleay and Mrs. Rose Thompson. Mayor Hosti thanked Councilman Dukes and the committee for the good work they've done on this project thus far. A letter from a group of Boy Scouts in Marietta, Georgia was read. They want permission to camp for two days in July at North Beach. Councilman Locklear moved that permission be granted, Councilman Walsh seconded and the vote was unanimous in favor. Councilman Locklear spoke also of a luau and volleyball tournament to be held the 23/24 of June, ending at sunset on both days. DeSoto and Spanky's are sponsoring the tournament. They asked permission to place two tents on the beach, giving the city a $200 fee outright plus 35% of the volleyball tournament fees. Cleanup and security will be provided by the sponsors. It was agreed there'd be no open fires and all beverages would be served in paper cups. Councilman Locklear moved permission be granted, Councilman Jackson seconded and the vote was unanimous in favor. 1 1 Tybee Island, Georgia May 10, 1990 Page Five It was announced by Councilman Locklear that several surfers have visited the agenda meeting and a Recreation meeting with Linda Mundy, head lifeguard. It was agreed to allow surfing at 17th Street & south, on a trial basis, and occasionally at 1st & 2nd during northeasterly winds. are blowing. Councilman Locklear then moved that this change of location . be allowed on a trial basis only and Councilman Youmans seconded. The vote was unanimous in favor. Councilman Locklear informed the Council that he has put into their boxes a plan to form a committee to protect natural resources and asked that they take a look at this because he believes we have a need to protect our natural resources. Councilman Locklear also said that an Arts & Crafts Guild is being formed, and hopes that the first meeting will take place later this month. Interested people may call him at home. Councilman Dukes spoke on the sign ordinance, saying that he was present at the Planning Commission meeting and he gave some background as to the interpretation of the word, "aggregate ", saying that he also went back to MPC who referred him to Richie Moore of the City of Savannah. He said that in 1983 when he worked on the original language of the sign ordinance, this meant "one sign ", or the square footage of a sign and has nothing to do with the number of signs on a lot of land or in a block. He gave an example: 250 square feet maximum aggregate area is defined that a double -faced or V sign is two signs and each can be 250 feet in area. Mayor Hosti said the controversial sign is in compliance with the state law and the city's ordinances. Councilman Youmans said there is a sign on 4th Street that is the same size. Councilman Dukes said that Mr. Farmer, the City Marshal, should be instructed as to what the Council has decided, asking that this statement be considered a motion. Councilman Youmans seconded and the vote was unanimous in favor. A Resolution about Little Tybee Island was read by Councilman Dukes who said that he has spoken with many people and met with approval for the Resolution on all sides. He then moved adoption of the Resolution and Councilman Walsh seconded. Councilman Locklear stated that it is a shame the American people have to buy back what is rightfully theirs. 1 1 Tybee Island, Georgia May 10, 1990 Page Six Councilman Walsh read a substantially altered ordinance on Code Section 6 -1 -12 and moved its adoption. Councilman Brown seconded. City Attorney Mahoney said that this should be considered as a First Reading, but that he sees no problem in allowing the work of one person to proceed, since the portion of the ordinance affecting him has actually had two readings. He referred to the drilling of a well at Lazaretto Creek, saying that it is unnecessary to delay the work another month. The vote was unanimous and the ordinance will be read for a second time in June. Councilman Locklear read, on Second Reading, Code Section 9 -5 -1 (7) and 9- 5 -1(8), concerning the beach rules for swimmers and surfers respectively. Councilman Locklear moved adoption of 9- 5 -1(7), with second by Councilman Jackson. Vote was unanimous in favor. Code Section 9- 5 -1(8) was moved for adoption by Councilman Walsh and Councilman Jackson seconded. Again the vote was unanimous in favor and both ordinances are attached to, and become a part of, these minutes. by Locklear The Second Reading of Code Section 10 -1 -33 followed. Councilman Jackson moved adoption, . seconded by Councilman Walsh, and the vote was unanimous. The ordinance, having to do with parking services, is attached to, and becomes a part of, these minutes. Councilman Locklear read an animal control ordinance, Code Sections 4- 4- 10,- 11,- 13,- 14,- 21 ,- 23,- 24,- 25,- 26,- 27,- 30, -31.on its Second Reading. Councilman Jackson moved adoption, Councilman Walsh seconded. Vote was 5 -1 with Youmans dissenting. The ordinances are attached to, and become a part of, these minutes. A question raised about the suitability of setting fines instead of leaving them to the Judge's discretion, was answered by the City Attorney who said that the Judge does generally set fines, but that ordinances can mandate maximum and minimum amounts. Code Section 4 -4 -28B of the animal control ordinance, dogs and cats at large, was read by Councilman Locklear. Councilman Youmans moved its adoption, with second by Councilman Jackson. The vote was unanimous in favor. This was a second reading, and the ordinance is attached to, and becomes a part of, these minutes. Code Section 7 -3 -6, a first reading about motorized craft, was read by Councilman Locklear. Councilman Youmans moved, and Councilman Brown seconded, the motion to adopt which passed without dissent. Councilman 1 Tybee Island, Georgia May 10, 1990 Page Seven Walsh said he'd talked to the USCG who can be called and will escort an offender to the dock where he can be charged by city police. Code Section 9 -3 -35, beach equipment rental, was heard on first reading. Councilman Jackson moved its adoption, Councilman Walsh seconded and the vote was 5 - 1, with Councilman Youmans casting the dissenting vote. Councilman Locklear introduced the next two ordinances: Code Section 4 -4 -9, cruelty to animals, was heard on first reading. Councilman Jackson moved its adoption, Councilman Walsh seconded and the vote was unanimous in favor. Code Section 4 -4 -12, birds and wildlife protection, was heard on first reading. Councilman Jackson moved its acceptance, with Councilman Walsh seconding. The vote was unanimous in favor. The meeting adjourned to executive session to discuss litigation and personnel matters on motion of Councilman Dukes, seconded by Councilman Brown. 1 R E S O L U T I O N WHEREAS, on the twenty -sixth of April, 1990, death brought to a close the long and active life of William C. Fleetwood, Sr.; and WHEREAS, Bill Fleetwood, as we affectionately called him, will be mourned by many Tybee Islanders who recognize his contributions to the good of the community by his many years of active civic service as an elected official and as a private citizen; and WHEREAS, he has earned the respect of the people of the City of Tybee Island through his foresight and love of the island; and WHEREAS, the imprint of his personality and enthusiasm for Tybee will continue to have influence upon the island for years to come; NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the City of Tybee Island, Georgia, do, by this Resolution and Public Record, recognize the profound influence of William C. Fleetwood, Sr.'s life upon this community, recognizing further that his death is a distinct loss to the City in which he lived and for which he worked with exceptional success and good will; AND BE IT FURTHER RESOLVED that this Resolution be recorded in the official minutes of this Council and a copy sent to his widow, Mrs. Adele M. Fleetwood, in recognition of Mr. Fleetwood's exceptionally respected place in this community. ADOPTED THIS 1 0 DAY OF TY) 1990. 1 P R O C L A M A T I 0 N WHEREAS, by Act of Congress of the United States dated June 14, 1777, the first official Flag of the United States Aims adopted; and WHEREAS, by Act of Congress dated August 3, 1949, June 14 of each year was designated "NATIONAL FLAG DAY ;" and WHEREAS., the Congress has requested the President to issue annually a proclamation designating the week in which June 14 occurs as NATIONAL FLAG WEEK; and WHEREAS, on December 8, 1982 the National Flag Day Foundation was chartered to conduct educational programs and to encourage all Americans to PAUSE FOR THE PLEDGE OF ALLEGIANCE on Flag Day, June 14. WHEREAS, as by act of Congress Public Law 99 - 54 was passed to have the PAUSE FOR THE. PLEDGE OF ALLEGIANCE as part of the celebration of National Flag Day throughout the nation; and WHEREAS, Flag Day celebrates our nation's symbol of unity, a democracy in a republic, and stands for our county's devotion to freedom, to the rule of all, and to equal rights for all; and NOW, THEREFORE, The City of Tybee Island, does hereby proclaim June 14, 1990 as Flag Day for.Georgia and urge all citizens of Georgia to pause at 7:00 P.M. (EDT) on this date for the eleventh annual PAUSE FOR THE PLEDGE OF ALLEGIANCE to the Flag and join all Americans in reciting the Pledge of Allegiance to our Flag and Nation. R E S O L U T I O N WHEREAS, TheKerr -McGee Corporation owns interests in the marshes and high ground east of Wilmington Island and south of McQueens and Tybee Islands, commonly known as Little Tybee Island and Cabbage Island, and WHEREAS, The Kerr -McGee Corporation has offered to donate its interests in Little Tybee Island and Cabbage Island to The Nature Conservancy on the condition that the lands be sold to the State of Georgia, and WHEREAS, The proceeds from the sale to the State of Georgia are to be used to acquire, assemble and operate The Nature Conservancy's Tallgrass Prairie Preserve sanctuary in Oklahoma which will eventually encompass some 52,000 acres and an entire watershed, and WHEREAS, Little Tybee Island and Cabbage Island's current condition is undeveloped and largely unaltered from its natural state, and WHEREAS, Little Tybee Island and Cabbage Island contain significant natural resources including extensive areas of highly productive salt marsh and estuaries, nesting beaches for the loggerhead sea turtle and shorebirds, abundant oyster and clam beds, and diverse plant and animal life and natural communities, and WHEREAS, Little Tybee Island contains significant cultural resources including three shell rings that may be as much ati 4000 years old, evidence of an Indian village and a 19th century plantation and village, and WHEREAS, Little Tybee Island and Cabbage Island contain significant recreational resources and opportunities including fishing, crabbing, shellfish harvesting, swimming, beachcombing, picnicing, camping, hunting, boating and nature observation, and WHEREAS, Little Tybee Island and Cabbage Island offer significant opportunities for scientific research on such topics as the effects of sea level change on low - lying barrier islands and shoreline changes, and WHEREAS, Little_Tybee Island and Cabbage Island offer significant opportunities for environmental education by such groups as the Oatland Island Education Center, Savannah State College and the University of Georgia Marine Extension Service, and WHEREAS, Little Tybee - Island and Cabbage Island offer exceptional scenic beauty, and WHEREAS, The Congress of the United States has recognized Little Tybee Island as important for the protection of extraordinary scenic, scientific, recreational, natural, historic and economic value which can be damaged by development on or adjacent to it, and therefore included it as Unit NO 1 of the Coastal Barrier Resources System (Coastal Barrier Resources Act of 1982, 16 U.S.C. 3501 et seq.), and WHEREAS, The U.S. Department of the Interior has recommended to Congress that Cabbage Island be added to the Coastal Barrier Resources System, and WHEREAS, The City of Tybee Island is the closest incorporated community to Little Tybee Island and Cabbage Island, and WHEREAS, The citizens of Tybee Island have enjoyed and benefited from Little Tybee Island and Cabbage Island in their natural and largely unaltered state, and WHEREAS, The City of Tybee desires to have Little Tybee Island and Cabbage .Island available for future use by its citizens and others, NOW, THEREFORE BE IT RESOLVED THAT The City of Tybee wishes to have Little Tybee Island, Cabbage Island and their associated marshes and wetlands acquired by the State of Georgia, and that the State's intent to do so be communicated to The Nature Conservacy at the earliest possible moment. BE IT FURTHER RESOLVED THAT On acquiring Little Tybee Island and Cabbage Island, the State of Georgia should prepare a general management plan for the islands and open these areas to the public for the purposes of low impact recreation that is consistent with the general management plan and the protection of the natural, cultural, scenic and scientific resources of the areas. BE IT FURTHER RESOLVED THAT A copy of this resolution should be sent to the Governor of Georgia, the members of the Chatham County delegation to the General Assembly, the members of the Board of Natural Resources and the Commissioner of the Department of Natural Resources. SIGNED THIS 10th DAY OF May , 1990 1 Ordinance # 161q0--(0 AN ORDINANCE OF THE CITY OF TYBEE ISLAND CODE OF ORDINANCES, SECTION 9 -5 -1 (7), BEACH RULES AND REGULATIONS. Be it ordained, and it is hereby ordained by the Mayor and Council in Open Meeting assembled, that the Tybee Island Code of Ordinances, Title 9 Lisensing and Regulation, Chapter 5 Beach Rules and Regulations, Number 7 be deleted in its entirety, and a new paragraph to be numbered the same, be inserted in its stead, reading as follows: Section 9 -5 -1 (7) (7) It shall be unlawful for any person to swim outside of the area extending 50 yards eastward from the water's edge of the Atlantic Ocean unless expressed permission has been obtained from the supervising lifeguard. Any person requested by the lifeguard to come in shall do so and failure to do so shall be unlawful. ADOPTED THIS 10 DAY OF May , 1990 1st Reading April 12, 1990 2nd Reading May 10, 1990 Enacted: May 10, 1990 (ED. FearoUnCil Ordinance # 1 `� q ® - AN ORDINANCE OF THE CITY OF TYBEE ISLAND CODE OF ORDINANCES, Section 9 -5 -1 (8), BEACH RULES AND REGULATIONS. Be it ordained, and it is hereby ordained by the Mayor and Council in Open Meeting assembled, that the Tybee Island Code of Ordinances, Title 9 Licensing and Regulation, Chapter 5 Beach Rules and Regulations Number 8 be deleted in its entirety, and a new paragraph to be numbered the same be inserted in its stead; reading as follows: SECTION 9 -5 -1 (8) (8) Beginning 1 April and extending through 1 October, an appropriate area shall be designated as a surfing area, in which surfers will take precedence and swimmers will be so instructed by warning signs. At all other times and locations, it will be unlawful for a person to surf along the municipal beaches except at those times and in those places as will no way endanger other persons. At all times, a surfer will ensure that his /her surfboard is under his /her control. ADOPTED THIS 10 DAY OF May 1st Reading April 12, 1990 2nd Reading May 10, 1990 Enacted May 10, 1990 1 , 1990 CL OF OUNCIL 1 1 Ordinance # i q q ®- AN ORDINANCE OF THE CITY OF TYBEE ISLAND. CODE OF ORDINANCES, SECTION 10 - 1 - 33 Be it ordained, and it is hereby ordained by the Mayor and Council in Open Meeting assembled, that the Tybee Island Code of Ordinances, Title 10 Motor Vehicles & Traffilg, Section1H -1 -33 be deleted in its entirety and a new paragraph named and nunbered the same be inserted in its stead, to read as follows: SEC. 10 -1 -33 TICKETING VEHICLES; EARLY PAYMENT; PENALTY Each such police officer or parking enforcement officer shall attach to a vehicle illegally parked under the provisions of this article a notice to the owner or operator thereof that that vehicle has been parked in violation of a provision of this article and instructing that owner or operator to report to any police officer or parking enforcement officer on duty in regard to that violation. Each such owner or operator may, within ten days of the time when any notice was attached to that vehicle, pay the fine as specified on the parking violation ticket in return for which that person shall receive a receipt, the form of which is designated by the Police Committee. The failure of that owner or operator to make a full payment within ten days shall result in the issuance of a Parking Citation Delinquency Notice which shall demand full payment plus an eight dollar ($8.00) penalty by a specified payment due date. The failure of that owner or operator to make said payment will result in the issuance of an Administrative Hearing Notice which shall demand: or; (1) Full payment plus ten dollars ($10.00) for ali issued citations, (2) The owner's or operator's appearance on a given date at a specified time and location. The failure of that owner or operator to make full payment for all issued citations will result in that owner or operator being issued a subpoena to appear in Recorders Court and subject to additional court fine. 1st Reading April 12, 1990 2nd Reading May 10, 1990 ADOPTED THIS 10 DAY OF May , 1990 Enacted May 10, 1990 1 1 1 Ordinance # i a g 0- q BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED, THAT THE CODE OF ORDINANCES OF THE CITY OF TYBEE ISLAND, GEORGIA BE AMENDED BY THE ADDITION OF CODE SECTIONS 4 -4 -10, 4 -4 -11, 4 -4 -13, 4 -4 -14, 4 -4 -21, 4 -4 -22, 4 -4 -23, 4 -4 -24, 4 -4 -25, 4 -4 -26, 4 -4 -27, 4 -4 -30, and 4 -4 -31, AND THE DELETION OF PRE - EXISTING SECTIONS CORRESPONDINGLY NUMBERED, AND ALL OTHER SECTIONS IN CONFLICT HEREWITH: SECTION 4 -4 -10 Penalty Any person violating any of the provisions of this article shall, upon conviction before the Recorder of the City, be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or imprisoned for a term not exceeding 30 days, either or both, in the discretion of the Recorder. Section 4 -4 -11 Costs In the event the Recorder of the City shall find in his discretion that the City of Tybee Island has incurred expenses for temporarily sheltering any abused animal, said fine may be increased up to twenty ($20.00) each day per animal for temporarily sheltering the animal with said funds to be used for reimbursement of said expenses incurred. Section 4 -4 -13 Poisoning aniamals It shall be unlawful for any person to put out or cause to be put out any poison within the City of Tybee Island for the killing of any bird, wildlife, or animal, whether domesticated or wild. Section 4 -4 -14 Vicious animals It shall be unlawful for any owner or other the city a manifestly vicious animal unless confined or restrained in such manner as to biting a person or another animal. It shall if an animal, without provocation, fiercely animal not on the owners' premises. person to maintain or harbor within the same is securely, but humanely, prevent such animal from attacking or be prima facie evidence of viciousness attacks or bites a person or another Section 4 -4 -21 Registration of dogs and cats. Each owner or possessor and any person who harbors or keeps any dog or cat three months or older within the limits of the city shall cause that dog or cat to be registered with the Chatham County Animal Control Unit. Section 4 -4 -22 Rabies inoculation; required for dogs and cats. All dogs and cats three months or older within the city shall be required to be adequately inoculated against rabies in accordance with the laws of the State applicable thereto. Section 4 -4 -23 Notification regarding tag requirement. (1) Where any dog three months or older is found within the city without wearing a license tag as hereby required, it shall be the duty of the City Marshal or the Animal Control Officer to verbally notify the person in charge of the premises whereon the dog is found to come forward and produce a tag. 1 1 Page 2 Section 4 -4 -23 (2) Where any cat three months or older is found within the city, it shall be the duty of the City Marshal or the Animal Control Officer to verbally notify the person in charge of the premises whereon the cat is found to come forward and produce a tag. Section 4 -4 -24 Same; duty of City Marshal and Animal Control Officer. Upon the failure of a person to comply with the notice given him as provided under this article, within 24 hours after receiving same, or should the person in charge of the premises upon which an unlicensed dog or cat is found disclaim ownership of that dig or cat by himself or any member of his household when notified, it shall thereupon become the duty of the City Marshal or the Animal Control Officer to go upon the premises and take charge of and impound the dog or cat. Section 4 -4 -25 Impoundment of dogs and cats. Any dog or cat found upon the streets, lanes, highways, roads, or beaches of the city in violation of this article, shall be caught by the City Marshal or the Animal Control Officer, or their assistants, and impounded. The City Marshal, Animal Control Officer, or their assistants, Shall have the specific right to enter upon any unenclosed private property when in hot pursuit of any dog or cat in violation of this article to secure, capture, and impound that dog or cat. Section 4 -4 -26 Dogs and Cats kept three days. Any dog or cat impounded under the provisions of this article shall be kept for three days in some convenient place, to be known as the animal shelter at the City Police Station, or dog pound, or humane shelter, located in Chatham County. Section 4 -4 -27 Disposition If a dog or cat is not claimed by its owner within three days, then the county shall be authorized to dispose of the dog or cat in as humane and painless a manner as possible. Section 4 -4 -28 Delegation of shelter for impounded dogs and cats. The shelter and impounding of any dog or cat found within the city in violation of this article, may be delegated to and preformed by any organization as shall be selected by the mayor and approved by a majority of the council in open session provided that the operation of the humane shelter so operated shall be under the direction and control and subject to the supervision of the City Marshall, or as delegated by the City Marshal to the Animal Control Officer, or any designated assistant. Section 4 -4 -30 Penalty. Any person violating any of the provisions of this article shall, upon conviction before the Recorder of the City, be fined not less than twenty dollars ($20.00) nor more than one hundred dollars ($100.00), or imprisoned for a term not exceeding 30 days, either or both, in the discretion of the Recorder. Section 4 -4 -31 Costs. In the event the Recorder of the City shall find in his discretion that the City of Tybee Island has incurred expenses for temporarily sheltering any dog or cat found running at large, said fine may be increased up to twenty dollars ($20.00) each day per each dog or cat for temporarily sheltering the dog or cat with said funds to be used for reimbursement of said expenses incurred. 1 1 1 Ordinance # 1st Reading 2nd Reading Enacyed (qQ ©--q April 12, 1990 May 10, 1990 May 10, 1990 Page 3 c-Cbrk o Council 1 Ordinance 46 (q q 0 — 1 O AN ORDINANCE OF THE CITY OF TYBEE ISLAND CODE OF ORDINANCES, SECTION 4 -4 -28 B ANIMAL CONTROL. Be it ordained, and it is hereby ordained by the Mayor and Council in Open Meeting assembled, that the Tybee Island Code of Ordinances, Title 4 Chapter 4 Animal Control Section 4 -4 -28 B be deleted in its entirety and that a new paragraph titled and numbered the same be inserted in its stead, to read as follows: SECTION 4 -4 -28 B Restriction on dogs and cats running at large. It shall be unlawful for any dog or cat to be on the streets, lanes, highways, or roads of the city or loose on vacant lots or unenclosed lots, so that the dog or cat may freely have access to the streets, lanes, highways, or roads of the city, unless that dog is held firmly on a leash by a person, or the cat is firmly under the control of a person. It shall be the duty of any owner or possessor or any person who harbors or keeps any dog or cat to confine securely the same within the limits of the owner's premises and not to permit that dog or cat to run or have access to run the streets, lanes, highways, roads, or parks of the city, or other people's property, except as set forth above. ADOPTED THIS 10 DAY OF May 1st Reading LI - 1:1-qt) 2nd Reading May 10, 1990 , 1990 Enacted May 10, 1990 C i 0 COUNCIL