HomeMy Public PortalAbout19970501SCMeeting1
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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
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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
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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
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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.
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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
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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
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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.
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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,
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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.
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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
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(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 $25
(Ord. 1996 -35; 12/12/96) (ORD. 1997 -19; 5/1/97)
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ADOPTED THIS DAY OF', 199.
Mayor Walter W. Parker
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Cle
1st Reading:
2nd Reading:
Enacted:
[title3.hlr]
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Ordinance # 1%11.8
It is hereby ordained by the governing authority of the City of
Tybee Island, in open meeting assembled, that the Tybee Island
Code of Ordinances, Title 3 Finance and Taxation, Chapter 2
Taxation and Revenue, Section 3 Taxation and Revenue be amended
to read as follows:
3 -2 -3. TAXATION AND REVENUE
(a) Taxes on real and personal property and any and all
assessments due to the City may be collected and executions
therefor may issue as provided in Scction 52.
:: of....t e....0 iarter...of ...the...City...o.....Ty ...ee ..
ty "'Clerk shall be authorized to designate an
agent, agent,..including the City troa3urcr ti n ___
:i to bear teste in the name`'`'of`'tYe" Mali or or the Mayor
: : :: Y
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---- j`aL..'CR ':: F?::::& i ;•l:•;:;:;:;:,L;•':jt:„,',:.'•: •'.4R:$:$�r,,:tf.•tcd:LLlt - Y�x7:✓f. ci ...'• r.::% .;Fp:w;.;H+:+;ga✓;}xya..:c;:�3:
9 :.:_:$:..::::. 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
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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
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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.
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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
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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.
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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.
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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