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HomeMy Public PortalAbout19970501SCMeeting1 1 1997 -05 -01 1997- 05 -01. Special Called Council Meeting Mayor Walter W. Parker called the Special Council Meeting to order and opened the meeting for business legally presented at 7 P.M. on Thursday, May 1, 1997. The following members of Council were present: Jack Youmans, William Remeta, Michael A. Hosti, Mariann C. Wildi, and Mallory Pearce. Councilmember Merves was in Ohio because his father had passed away. Pearce moved to adopt the packets on second reading to include all modifications. As there was no second Pearce withdrew his motion. Remeta moved to go over each ordinance on second reading and to delay all first readings until the regular meeting on May 8, 1997. Pearce seconded. Vote by Council was unanimous. All of the following ordinance were approved and adopted by Council. Mayor and Council 2 -1 -2 Permanent Committee to delete; 2- 1-3 Signing of Checks - with addition of "and any other City Council member "; Finance Administration 3 -1 -3 Appropriation Policy - with addition under paragraph (b) after City Manager "and City Council" and under (c) after City Manager to leave "and City Council at the next regular meeting "; 3 -1 -6 Responsibility for Financial Administration - delete the word treasurer and replace with manager; 3 -2 -3 Taxation and Revenue - wording to allow Chatham County tax Commissioner to collect our city taxes; 3 -2 -11 Levy; Tax Rate - adding Homestead Exemption; 3 -2 -13 Tax Due and Payable - added Exception paragraph; 3 -2 -29 Revocation of Wholesaler's License, Confiscation of Liquor for Violating Article - replaced "chief of police, etc." with City; 3 -2 -43 returns as to Proceeds of Sales or Charges; Taxation of Proceeds; Reports: 3 -2 -44 Duty of dealer to keep Records of Sales and Charges: 3 -2 -59 When Tax Due and Payable; Effect of Transacting Business when tax Delinquent - removed the words treasurer and clerk of council and replaced with "City "; 3 -2 -62.2 Penalty of Ordinance Violation - added "recorder's court "; 3 -2 -66 Tax registration to be Revoked for Failure to Pay Tax, File Returns, Permit Inspection of Books, 3 -2 -67 Amendment, Repeal of Provision - removed the words treasurer and Council; 3 -2- 68 Enforcement of Provisions - removed the words treasurer, city marshal and chief of police and replaced with "Manager and his /her designees "; 3 -2 -72 Regulatory Fees; Schedule - added Beach Vehicle, and Water Craft; 4 -1 -1 Chief of Police; powers and duties - deleted (1) through (10) and added a short paragraph; 4 -1 -2 Patrol and arrest powers - deleted the words "of the Mayor and Council "; 4 -1 -4 Abuse of process; withholding evidence - leave as is, no change; 4- 2-2 Department controlled by Chief - deleted entire paragraph and added new paragraph; 4 -2 -3 Volunteers - Compensation deleted most of paragraph and added "City Manager or designee "; 4 -2 -4 Same Direction and control of members; consent to engage in work - deleted the words accepted. governing body, named and Mayor, replaced with approved, City Manager, appointed and City Manager; 4 -2 -21 Adoption - added the words "as may be amended, or by 1 1 1 1997 -05 -01 specific modifications as per" deleted modified or amended by; 4 -2- 22 Establishment and duties of Bureau of Fire Prevention - deleted in its entirety; 4 -2 -25 Fire on Vacant Land - added the word "and" at the end of (1) and (2) deleted Mayor or member of the Fire Committee and replaced with Fire Chief or his /her designee; 4 -3 -1 Emergency Management Agency; Created; Composition; Voting Status - deleted "The Civil Defense Committee is renamed and added "is hereby created, and is "; 4 -4 -1 Definition Animal Control - deleted hogs, pigs, cows; 4 -4 -2 Animals running at large - deleted cattle, hog, pig, horse, mule or cow: added "public streets, lanes, highways, roads, parks, beaches, or other public property; 4 -4 -8 Penalty - deleted or exceeding and added "nor more than "; 4 -4 -25 Impoundment of dogs and cats - added the words "right of way of public" "parks, beaches other public property within" "Police Officer" - deleted City Marshal; 4 -4 -28 Delegation of shelter for impounded dogs and cats - deleted words beginning with "as shall be selected and ending with the word assistant" added "selected by the Police Officers or Animal Control Officer known to be an official humane shelter "; 4 -4 -28b Restriction on dogs and cats running at large - deleted streets lanes and highways or roads and added "right of ways public streets, lanes, highways, roads, parks, beaches or other public property. As there was no further business to come before Council Youmans moved to adjourn. Remeta seconded. Mayor Walter W. Parker 2 1 1 Ordinance #1997 -4 & 5 It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, referencing Title 2 Mayor and Council with additions, changes or deletions made to the following chapters and sections, to be approved or not approved as follows: 2 -1 -2. T..,,..,,an tc rcrrcccaxcFit evirncrl-tz�e$`,a�..• office for the operation of the city ao followo: (1) financc planning/development; (2) firc; (3) police; (1) public worko oanitation; (5) watcr ocwcragc; and (6) environmental/Community, Cultural (ORD. 1991 08:ArRIL 14/91) (ORD. 1997 -4; 5/1/97) 2 -1 -3. Signing of Checks. The Mayor, Treasurer, Mayor Pro Tem, Finance Chairman, and City Adminiotrator:...:::: :::::.:.::::.�:.:;ia�:::.:;:::' ............. are ....authorized...to sign checks on eha�' " "o' "'tie" "•city: At' east one of the two signatures must be that of an elected official.(ORD. 1992- 7)(ORD. 1997 -5; 5/1/97) ADOPTED THIS 1st DAY OF May, 199. Mayor Walter W. Parker 1st Leading: April 10, 1997 2nd Reading: Enacted: [title2.lap] May 1, 1997 1 1 Ordinance # 1997 -6,7, 9,10,11,12,13,14,15,16,17,18,19 It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 3 Finance Administration of the following Chapter's and Section's be amended to read as follows: 3 -1 -3. Appropriations Policy. (a) Budgeted expenditures shall be approved in advance by requisition signed by the appropriate Department Head, —and Council Committcc Chairman. :: :: `'''" :: >:: 1 1: »: ::.:.;• '' : .................. ..:.......:..............:..... re (b) Unbudgeted °:a exceeding available departmental funds shall " "be`..co is dcrcd by the City Council in (c) Emergency expenditures shall be Head and shall be reported to the the next regular meeting. " " "" OUUC approved by the Department and the City Council at (d) Construction projects must be publicly advertised for bid prior to acceptance of contracts by the Mayor and Council. (Ord. 1994- 1)(ORD. 1997 -6; 5/1/97) 3 -1 -6. RESPONSIBILITY FOR FINANCIAL ADMINISTRATION The responsibility for administering the city's financial and fiscal affairs is hereby vested in the Citytrcaourcr. . (ORD. 1997 -7; 5/1/97) 3 -2 -11. LEVY; TAX RATE a) An annual ad valorem tax upon all real and personal property within the city is hereby levied. The millage rate therefor shall be established each year by resolution of the mayor and council. The rate shall be a total of the rates authorized by law for general, recreation, education and debt retirement needs of the city. 1 1 gro • M+:�ai•'R...'k4�3+�... a++h�' -- .si•*i�ix:4�*waaa: _'+iw 3 -2 -13. TAX DUE AND PAYABLE (a) Tax Installments Due. The City of Tybee Island Ad Valorem Taxes shall be due and payable in two installments. The first installment shall be due and payable on June 1 of each year, and the second installment shall be due and payable on November 15 of each year. (b) Tax Digest And Rendition of Statements. The first installment of taxes for the year shall be paid on statements prepared and rendered on the basis of one -half (1/2) of the total tax levied on said property in the prior year by the taxpayer of said property for the calendar year; with the updating of ownership and other necessary corrective changes in order to issue said tax bills and corrections. The second installment shall be due and payable on November 15, and the tax statements for this payment shall be made on the basis of the current Tax Digest approved by the State Revenue Commissioner with the billing taking into consideration 1 1 the adjustments as approved on the current Tax Digest giving due and proper credit for the payment made on June 1. (c) Penalties And Interest. Any final installment not paid on the due date shall bear penalties and interest as authorized under the general laws of the State of Georgia, O.C.G.A. S 48 -2 -44 (b) (1), as amended. (d) Executions. Executions will be issued as provided by the general laws of the State of Georgia on all properties for which taxes are not paid at the final installment date. Execution expenses shall also be applicable as provided by the general laws of the State of Georgia, O.C.G.A. S 48 -5 -161 (b), as amended. mot 9`91. (e) Purpose.The purpose of this ordinance is to require the payment of taxes in the calendar year 1997 and subsequent years in two regular installments, as hereinabove set forth. (f) Effective Date. The effective date of this ordinance is January 1, 1997. (g) Severability. The provisions of this ordinance are severable. If any section of this ordinance is declared unconstitutional, illegal, or void, it shall not affect or impair any of the remaining sections of this ordinance. (h) Repealer. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. (Ord. 1996 - 39;12/12/96) 3 -2 -29. REVOCATION OF WHOLESALER'S LICENSE, CONFISCATION OF LIQUOR FOR VIOLATING ARTICLE Any person, firm or corporation engaged in the distribution by wholesale of any of the beverages mentioned in this article willfully violating the same shall be subject to revocation of their license to do business within the corporate limits of the city, and all liquor found in the possession of any retail establishment in the city which has not paid the tax or reported same under this article shall be subject to confiscation by the municipal authorities of the city in addition 1 to the other penalties set forth in this article and sold by the chicf of policc and cx officio tax collcctor, and thc rcccipts thcrcof paid to thc ode 1970, Sec. 3 -25) (ORD. 1997 -11; 5/1/97) 3 -2 -43. RETURNS AS TO PROCEEDS OF SALES OR CHARGES; TAXATION OF PROCEEDS; REPORTS (a) On the first day of each month for the purpose of ascertaining the amount of tax payable under this article, 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 city trcaourcr, upon forms prescribed, prepared and furnished by thi3 official, returns showing the gross sales or charges, as the case may be, arising from all sales or charges taxable under this article during the preceding calendar month or during the part of the preceding calendar month running from the effective date of this article to the end of such month; and thereafter like returns shall be prepared and transmitted to NW city trcaourcr by all dealers on or before the 20th day of each month, for the preceding calendar month. (b) The tax as outlined in section 3 -2 -41 hereinabove shall be paid to the City trcaourcr based upon the return made as outlined in subsection (a) 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 article, each dealer shall be allowed a deduction equal to three percent (3 %) 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 article shall sell out his business, or shall quit the business, he shall make a final return and payment within 15 days after the date of selling or quitting the business. 1 1 His successor, successors or assigns, if any, shall withhold sufficient of the purchase money to cover the amount of any taxes, until the former owner shall produce a receipt from the cicrk of councils showing that they have been paid. If council= of a business shall fail to withhold the purchase money as herein provided, he shall be personally liable for the payment of the taxes, and penalties accruing and unpaid on account of the taxable sales made by any former owner, owners or assignors. (Code 1970, Sec. 18- 18)(ORD. 1997 -12; 5/1/97) 3 -2 -44. 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 article, to keep and preserve suitable records of the sales or charges, as the case may be, taxable under this article, and any other books or accounts as 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 records of any sales and charges, and all these records shall be opened to examination at all reasonable hours to the cicrk of. ... council or any of h.ia duly authorizcd ........... agcnto . <: (Code 197x; Sec. 18 -19) (ORD. 1997 -13; 5/1/97) 3 -2 -59. When Tax Due and Payable; Effect of Transacting Business When Tax Delinquent. (A) Each such occupation tax shall be for the calendar year 1995 and succeeding calendar years thereafter unless otherwise specifically provided. Said registration and occupation tax shall be payable at the time of application each year and shall, if not paid within ninety (90) days, be subject to a penalty of ten percent (10a) for delinquency. On any new profession, trade, or calling begun in the city in 1995 or succeeding years thereafter, the registration and tax shall be delinquent if not obtained immediately upon beginning business and a penalty imposed. Any new profession, trade, or calling begun in the city after July 1, 1997 will be charged a half -year rate for occupational tax only for that license year. The tax registration herein provided for shall be issued by the City Trcaourcr and if any person, firm, or corporation whose duty it is to obtain a registration shall, after said registration or occupation tax becomes delinquent, transact or offer to transact, in the city any of the kind of profession, trade, or calling subject to this Ordinance without having first obtained said registration, such offender shall, 1 1 1 upon conviction by the city recorder's court judge, be punished by a fine or imprisonment not to exceed that of the general penalty section 1 -1 -8 of the Tybee Island Code of Ordinances, either or both in the discretion of the judge. (B) In addition to the above remedies, the City Marshal may proceed to collect as provided by law. (Ord. 1996 -33; 12/12/96) (ORD. 1997 -14; 5/1/97) 3 -2 -62.2. Penalty of Ordinance Violation. Any person violating any provisions of this Ordinance shall, upon conviction, be subject to fine or imprisonment,either or both, not to exceed the general penalty in Code Section 1 -1 -8 of the bee Island Code of Ordinances, in the discretion of the city e. (ORD. 1997 -15; 5/1/97) 3 -2 -66. Tax Registration to Be Revoked for Failure to Pay Tax, File Returns, Permit Inspection of Books. Upon the failure of any business to pay said occupation tax or any part thereof before it becomes delinquent, or upon failure to make a true return, or upon failure to amend a return to set forth the truth, or upon failure to permit inspection of its books upon request, any business tax registration granted by the city under this Ordinance permitting the owner of said business to do business for the current year shall be, ipso facto, revoked. No new business tax registration shall be granted by the city for the operation of a business for which any part of the occupation tax herein provided for is at that time unpaid, or to an individual, firm, or corporation who has failed to submit adequate records as requested by the City Trcaourcr in accordance with provisions found in this ordinance. In the case of those practitioners where the local government cannot suspend the right of the practitioner to conduct business, the imposition of civil penalties shall be permitted and pursued by the local government in the case of delinquent occupation tax. (ORD. 1997 -16; 5/1/97) 3 -2 -67. Amendment, Repeal of Provision. This Ordinance shall be subject to amendment or repeal, in whole or in part, at any time, and no such amendment or repeal shall be construed to deny the right of the City Council to assess and collect any of the taxes or other charges prescribed. Said amendment may increase or lower the amounts and tax rates of any occupation and may change the classification thereof. The payment of any occupation tax provided for shall not be construed as prohibiting the levy or collection by the jurisdiction of additional occupation taxes upon the same person, property, or business. (ORD. 1997 -17; 5/1/97) 3 -2 -68. Enforcement of Provisions. 1 It is hereby made the duty of the City Trcaourcr, City Marshal and Chicf of Po' licc a a ad amemeM dft ma. a e to see that the provisions of this 0 rc nance ""relat ng "'`t'o "'occupation taxes are observed; and to summon all violators of the same to appear before the court. It is hereby made the further duty of the City Marshal, Chief of PoIicc a d mcmbcro of the police dcpartmcnt, and thcir anciatant3 :::�::::::::d:.::::::. .::::::::.;::. ... to inspect all registrations issued...by. "t ie city as o ten as in their judgment it may seem necessary to determine whether the registration held is the proper one for the business sought to be transacted thereunder. (ORD. 1997 -18; 5/1/97) 3 -2 -72. Regulatory Fees; Schedule. Any business of the type listed below operating within the City shall pay a regulatory fee, even if such business has paid a business tax in Savannah, Tybee Island or another jurisdiction, and regulatory fees as defined in 3 -2 -54 (B)(4) are hereby established for those businesses operating within the corporate limits of the City of Tybee Island, according to the following schedule: ALCOHOLIC BEVERAGES: Tybee Code Title 9, Chapter 2 SIC LICENSE CLASSIFICATION FEE 5813 Retail Beer /Wine - Sale by Pkg. Only Consumption on Premises Prohibited $350 5839 Retail Beer /Wine - Sale by drink for Consumption on Premises Only $575 5815 Retail Liquor - Sale by Pkg. Only Consumption on Premises Prohibited $850 5816 Retail Liquor - Sale by drink for Consumption on Premises Only $1250 5818 Retail Liquor - Sale by Package and Drink Both in One Building under One Ownership $2000 5181 Wholesale Beer $765 5183 Wholesale Liquor $1500 5182 Wholesale Wine $150 2080 Distiller, Brewer, or Manufacturer of Alcoholic Beverages $300 Special Event - Beer, Wine, Liquor $ 50 per day, Special Event - Beer, Wine, Liquor $100 3 day 1 1 1 (Establishments not holding current license) Special Event - Beer, Wine, Liquor(establishments holding current license) $10 per event Transfer fee - Alcohol License $500.00 MISCELLANEOUS: Advertising, Off - premise (Billboards) TIC Sec.8 -4 -24 - -32 square feet (4x8) - $ 50.00 - -128 square feet (8x16) - $ 75.00 - -192 square feet (12x16) - $100.00 - -288 square feet (12x24) - $125.00 Amusements, Itinerant (Circus, Carnival) - $75 per day TIC 7- 1- 1/7 -1 -4 $600 maximum Beach Equipment '#fit*�d TIC 9 -3- 30/9 -3 -36 Book & Magazine Canvasser, registration fee Rental, per site $45 Building & Construction Contractors, subcontractors and tradesmen, licensed in another jurisdiction: registration fee $20 Escort Live Entertainment Masseuse $500 $50 $250 Promoter - Special Events, Pageants, Festivals, Exhibitions, Sporting Events, Shows, etc. Per Single Event TIC 7- 1 -1/ -4 $50 Transient Merchant, per day $75 TIC 9 -1 -20 Transient Rentals, Registration Fee Vendor, Festival Hawker, per Day $45 $25 Vendor, Arts & Crafts, per Event $25 (Ord. 1996 -35; 12/12/96) (ORD. 1997 -19; 5/1/97) 1 ADOPTED THIS DAY OF', 199. Mayor Walter W. Parker 1 1 1 Cle 1st Reading: 2nd Reading: Enacted: [title3.hlr] 1 1 1 Ordinance # 1%11.8 It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 3 Finance and Taxation, Chapter 2 Taxation and Revenue, Section 3 Taxation and Revenue be amended to read as follows: 3 -2 -3. TAXATION AND REVENUE (a) Taxes on real and personal property and any and all assessments due to the City may be collected and executions therefor may issue as provided in Scction 52. :: of....t e....0 iarter...of ...the...City...o.....Ty ...ee .. ty "'Clerk shall be authorized to designate an agent, agent,..including the City troa3urcr ti n ___ :i to bear teste in the name`'`'of`'tYe" Mali or or the Mayor : : :: Y • ROW ---- j`aL..'CR ':: F?::::& i ;•l:•;:;:;:;:,L;•':jt:„,',:.'•: •'.4R:$:$�r,,:tf.•tcd:LLlt - Y�x7:✓f. ci ...'• r.::% .;Fp:w;.;H+:+;ga✓;}xya..:c;:�3: 9 :.:_:$:..::::. 5% 1% 97j;:.;:.> :. >:.:::.;:.;:.:;.::; >:........ (b) Forms for execution procedures shall be substantially as follows: 1. 2. 3. 4. Consolidated Fi Fa. Levy Notice. Notice to owner, security deed holder or mortgagee. No particular forms or language shall be required for publication notice, written evidence of sale and /or any other documents which might be necessary or appropriate in dealing with the collection of delinquent taxes, executions and conveyances in connection therewith. (c) Included within the "costs" collectible as a result of an execution shall be all costs for advertising the sale of the property levied upon, all postage and other costs of notices provided to the defendant in execution or to the indebted party, and all recording costs and fee. (ORD. 1993 -6: Oct) ADOPTED THIS 1st DAY OF May, 1997. Mayor Walter W. Parker cil Reading: April 10, 1997 2nd Reading: May 1, 1997 [3- 2- 3.dit] Enacted: May 1, 1997 1 1 1 Ordinance # It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 4 an the following Chapter's and Section's be amended to read as follows: 4 -1 -1. Chief of police; powers and duties. The chief of police ohall: (1) attend any meetings of the mayor and council ao r-equest--edl- = council: mayor upon ordcr of thc council; state or fcdcral lawo; take into cue-tody all persons who violate any city ordinancco, otatc or fcdcral lawo; (7) be in charge of the police department and have thcir powcro, dutico and aiathority; thc mayor and council; mayor and council and; 4 -1 -2. Patrol and arrest powers. The police officers of the City shall be clothed in addition to such authority as shall be given by the Mayor and Council of the City of Tybee Island, with all the authority as to the enforcement of the law, the preservation of the peace and the upholding of the dignity of the State of Georgia and the City of Tybee Island, as municipal police officers and other law enforcement and peace officers are now clothed by law and it shall be the duty of such City police officers to patrol the City of Tybee Island as they shall be directed; to enforce all rules and ordinances as shall be made and promulgated by the Mayor and Council of the City of Tybee Island; to arrest persons for 1 1 violations of state laws, city or county ordinances, or who are charged with violations of state laws, city or county ordinances; to execute criminal warrants; to preserve order; to discharge in the City of Tybee Island such duties as are usually performed by police in cities and other peace officers, and generally to obey all lawful orders of the Mayor and Council of the City of Tybee Island. (1994 -29; 11/10/94) (ORD. 1997 -21; 5/1/97) 4 -1 -4. Abuse of process; withholding evidence. Police officers shall not convert to their own use, manufacture, conceal, falsify, destroy, remove, tamper with, or withhold evidence or information or make false accusations of a criminal or traffic charge. (ORD. 1997 -22; 5/1/97) 4 -2 -2. Department controlled by chief. ;9 4 -2 -3. Volunteers - Compensation. continucd ao mcmbcra. All work or services done :::: VQ1 shall be without compensation unless otherwise au t orized'' y govcrning body. " : ::`:: >;.::•:;•:«.::::: >:::.{' :.<<..;:.::.::..::..:.:.; :..::: >: (ORD . 1997-24; 5/1/97) 4 -2 -4. Same - Direction and control of members; consent to engage in work. All persons volunteering for service in the fire department or engaged in the work of the department shall be under the sole direction and control of thena Chief during the period of that work or service, except that -the absence of a member at two (2) consecutive meetings of the department shall be grounds for his removal by the governing body. No person is to engage or do any work of the department without the consent of the chief, and no person is to become a member of the department without his having 1 1 4 -2 -21. Adoption. The There is hereby adopted by the city for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Fire Prevention Code recommended by the American Insurance Association, being particularly the 1976 edition, y b section4 - - 4 o w cl " "" "code an amen ments not less that three (3) copies have been and now are on file in the office of the clerk of council of the city and this code is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this chapter shall take effect, the provisions thereof shall be controlling within the limits of the city. (ORD. 1997 -26; 5/1/97) Cross reference- Technical codes, 8 -2 -11 et seq. 4 -2 -22. Reserved. city. prevention ahall be appointed by the govcrning—la ouccc000r has bccn duly appointed and qualified. permito. (Codc 1970, 7 2) (1989 8,7 13) (ORD. 1997 -27; 5/1/97) 4 -2 -25. Fire on vacant land; prohibited. 1 1 It shall be unlawful for any person to build or make fires within the city except for the purposes and under the conditions described as follows: 1) Fire to be use ONLY for cooking and /or warmth, and 2) Fire to be built with permission and under supervision of the property holder, or, if an public property, must be approved in advance by the Mayor or a mcmbcr of t13c fire Committcc, and 3) There ".`mustbe ari..'adequate water supply immediately on hand. (ORD. 1997 -28; 5/1/97) 4 -3 -1 Emergency Management Agency; Created; Composition; Voting Status The Civil Dcfcnac Committcc is rcnamcd The Emergency Management A enc ;;:::::e:..;.::• fed::::: ::::::::::::: composed of ten members as follows : i) "'die "Mayor; or Yi's ""designated representative, as Director with the right to vote; (2) the Fire Chief and the Police Chief as deputy Directors with the right to vote; (3) the Heads of the Public Works and the Water /Sewer Department with the right to vote; (4) two at -large members appointed by the Mayor with the right to vote; and (5) one Records administrator and two Assistant records Administrators. (Ord. 1994 -3: 2/10/94)(Ord.1994 -26: 10/13/94)(1997 -29; 5/1/97) 4 -4 -1. Definitions The following definitions shall apply and enforcement of this chapter: (1) Animals shall mean horses, ponies, goats, swine, dogs, cats, i ' rabbits, and similar animals. " " " " " " " " " "' (2) Enclosures shall mean any uncovered enclosed parcel of land where animals or fowl are kept. (3) Fowl shall mean chickens, turkeys, geese, ducks, pigeons and similar fowl. (4) Health officer shall mean the health officer, City of Tybee Island, Georgia, or his authorized representative. (5) Housing shall mean any building, shed, cage, pen or similar structure used for the housing of animals and fowl. (6) Nuisances shall mean whatever is dangerous or detrimental to human life or health and whatever renders or tends to render soil, air, water or food impure or unwholesome. (7) Person means and person, firm, partnership, corporation, association or agency. (Code 1970, Sec. 4 -1, as amended by Ord. No. 79 -1, 2/14/79) (ORD. 1997 -30; 5/1/97) in the interpretations mules, cattle, sheep, guinea pigs, hamsters 4 -4 -2. Animals running at large. 1 1 It shall be unlawful for any animal, cattic, hog, pig, horoc, mulc 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, cattic, hog, pig, horoc, mulc or eew found on any part of the right -of -way of any public i > °::': "::<` >:::witt in "the"" city shall be fined or imprisoned "` "or" o 'th; under the provisions of section 4 -4 -8, and that animal, cattic, hog, horsc, mulc or cow shall be impounded according to law. (Code 1970, Sec. 4 -2) (ORD. 1997 -31; 5/1/97) 4 -4 -8. Penalty. Any person violating any of the provisions of sections 4 -4 -1 through 4 -4 -7 shall, upon conviction before the recorder of the ..ca: ngy city, be fined not less than one dollar ($1.00) er ==== ______�,.�;T:...: Y • $100 or imprisoned for a term not exceeding 30 days, elt er or both, in the discretion of the recorder trying that person. (Code 1970, Sec. 4 -8) (1997 -32; 5/1/97) 4 -4 -25. Impoundment of dogs and cats. Any dog or cat found upon the'''-- lanes, highways, roads:: - . . .. - ::. . .. »:, >::.: • e the city in violation o this article, shah be caught by "t�c''Cit Marohal, or the Animal Control Y Y Officer, or their assistantsT, and "impounded. The City Marohal , Animal Control Officer, or their assistants, sal" ave' 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.(ORD.# 1990- 9)(ORD. 1997 -33; 5/1/97) 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 ao ohall be ocicctcd by the mayor aooiotant. (ORD.# 1990 9) .. £. •••••• 9 1'I 4- 4 -28b. Restriction on dogs and cats running at large. It shall be unlawful for any dog or cat to be on the 1 1 e city or moose on vacan wa anco, highways or o or unenclosed lots so that the dog or cat may freely have access to the strccto, lanco, highwayo or roada of the cit , K ' <:: >' l.•. unless that dog is held firmly on a leash held by a person Cr file cat is firmly under the control of the 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 strccto, lance, highwayo, roads or parka of the a : >:: k : >«<::or of er ::.: >:: : >;:: :..: or other peop les property except as set or i " "a ove CORD .# 1990-10). (ORD. 1997 -35; 5/1/97) ADOPTED THIS t DAY 00, 199. Cler f un 1 1st ading: 2nd Reading: Enacted: 6- f -411 [title4 . hlr] Mayor Walter W. Parker