HomeMy Public PortalAbout19970814CCMeeting1
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1997- 08 -14. City Council Minutes
The Tybee Island City Council held its regular monthly
meeting on Thursday, August 14, 1997 at 7:30 P.M. with Mayor
Walter Parker presiding. ^The following members of Council were
present: Ed Merves, Jack Youmans, William Remeta, Michael A.
Hosti, Mallory Pearce and John O'Neill, Jr. City Attorney Edward
Hughes and City Manager Bill Farmer were also present.
Mayor Parker called the meeting to order
Reverend Bennett to give the invocation, with
Allegiance to follow.
Mayor Parker welcomed Councilmember John
O'Neill said he was glad to be back.
and asked the
the Pledge of
O'Neill. Mr.
Ms. Robin Griesbach stated that she is opposed to the YMCA
taking over the Recreation Department, that she goes out and
recruits the children to play in the sports. Ms. Griesbach said
that the Tybee Recreation Dept. is not the greatest, but with
more staff and volunteers that the dept. can run the Tybee
Recreation Dept. There was dialogue between Ms. Griesbach and
City Manager Farmer. Mr. Bucky Chafin also spoke against the
YMCA. Ms. Linda Larsen said that Councilmember Merves should
abstain from voting as he is a member of the Board of Director
and his wife works at the YMCA. Councilmember Merves said that he
was asked to serve on the Board in order to represent the
citizens of Tybee and that his wife does teach water aerobics 1
hour, 3 days a week. City Attorney Hughes stated that this is not
a problem and that Merves can vote. Danny McConnell said that the
YMCA is not used to having opposition to their programs and that
the YMCA was asked to come to Tybee. All funding that the Y
receives from the City will remain on Tybee Island and the Y will
account for every dime spent. Ms. Melissa Stettler said that the
Y does have a scholarship program but that the parents will not
fill out the forms, so it is the child that suffers and loses
out. Mr. Bob Riedel said that we need to consider the welfare of
the children and that the citizens should jump on the band wagon
and help support the YMCA. Pearce said that there has been a
misunderstanding concerning the YMCA proposal. It is for a trial
period of 6 months. The YMCA will deal with Bill Farmer. Pearce
said that if we expand the Tybee Recreation Department that it
will mean an increase in taxes for the citizens. Pearce said he
was eager to get something going for the children. Pearce told
Ms. Griesbach that she could provide a proposal for any program
that she wishes to hold. Remeta said that he is for the YMCA but
would like to see it supplement the City recreation department.
Remeta said that he sees no problem with the City subsidizing the
kids. Remeta said that the recreation programs hit rock bottom a
couple of years ago but is now coming around under the direction
of Bob Fripp. Mr. Chafin read a list of programs offered in 89
stating that this could work again if politics are kept out of
the recreation department. Mayor Parker said that politics are
not involved in that department.
Mr. Arnold Bragg said that the reason he is speaking to
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Council is because of a pothole in Chatham Avenue. Mayor Parker
said that the Director of Public Works said that there were a lot
of potholes that needed repairing and he would like to do them
all at one time. Mr. Bragg said that he would be back before
Council again next month to remind them of his problem.
Mayor Parker opened the Public Hearing for a site plan
review petitioned by Mr John Wylly of 1701 A Chatham. Zoning
Administrator Byers presented the plan to Council stating that
this is one lot that would be divided into two lots with a 20
foot access easement for the back lot.
Mr. John Jarvis asked a question about fees for families
that have more than one child in a program. Mayor Parker said
that there would be a reduced rate for more than one child in a
family that participated in a program.
Mayor Parker opened the meeting for business legally
presented. Pearce moved to approve the July 24th Council minutes.
Hosti seconded. Vote by Council was unanimous.
Mr. Bob Riedel questioned the sign ordinance concerning the
signs that you see when coming over the bridge on to Tybee. Ms.
Byers said that she has met with Mr. Mike Scarbrough and that he
is having a billboard designed and all the signs will be removed
within several weeks. Ms. Byers said that this is a State right -
of -way and the City does not have any jurisdiction. Youmans
stated that you can call the State DOT and that the signs will be
removed.
Remeta moved to approve the Wylly site plan review for
1701 A Chatham. Hosti seconded. Vote by Council was unanimous.
Farmer explained the Capital Improvements needed for the
Water /Sewer Department, stating that Council needs to study the
information packet given to them before the September meeting.
Youmans said that many thousands of dollars have been spent to
improve the water sewer department. Pearce said that we need to
schedule hearing to consider how to pay for the dehydrager
(filter press) for the sludge, expansion of the sewer plant, etc.
Some of the ways to consider are impact fees, charge extra for
the heavy users, and control the rate of development on the
island. City Attorney Hughes said that he is consulting with GMA
about impact fees but the main concern is that development is
running ahead of the infrastructure and slowing down progress
might help.
Mayor Parker requested that our police department make a
special effort to patrol the area of the pier /pavilion and that
the County has hired a security guard for after hours. Remeta
asked about a police substation down front. Youmans said that he
was a firm believer to get the police department away from the
front area as there was always the problem of ingress and egress
for the officers and the public. Youmans stated that he has never
believed in the bike patrol, they should not be stationed in one
spot but should ride around, especially in the pavilion area.
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Youmans said there are eleven people on the list to sign
City checks and this is entirely too many. Youmans said that he
is not going to sign another check unless someone sits down and
tells him what each check is for. Farmer said that checks could
be attached to the invoice or statement but they are now in a
expandable folder for review. Merves said he sees no reason to
change the ordinance.
Remeta made a motion to eliminate the Council agenda
meetings and have two regular Council meetings on the 2nd and 4th
Thursday of each month with all Land Development Public Hearings
held at the 1st meeting of each month. Youmans seconded. Merves
said that he would like to have the agenda for the meeting in his
Council box by 5 P.M. Friday before the meeting as we do now.
Jeanne Hutton said that the public depends on the agenda meetings
and that by changing to two meetings a month it will put pressure
on the citizens. Youmans said that he is 100% for the two
meetings as people who come to the agenda meeting have to come
back to the regular meeting. O'Neill said that he likes the idea
of two meetings for a lot of reasons. O'Neill said this will not
shorten the time for lst and 2nd readings of the ordinances, that
2 good quality hours twice a month is better than one 3 to 5 hour
meeting, agenda can be divided up and not cram everything into
one meeting. Voting in favor of having the lst reading on the
ordinance in September were Youmans, Remeta, Hosti, and O'Neill.
Merves and Pearce voted against the motion.
Remeta said that a lot of voters did not see the question
about the Charter on the ballot and he would like it sent back to
the legislature in January 98 for consideration for a referendum
on the November 98 election ballot. Youmans seconded. Merves said
that he agrees with Remeta about not seeing the question on the
ballot because he missed the issue on the ballot. Youmans said
that the City as a whole elected officials, and the voters did
not know that they were voting on a complete charter change.
Farmer asked that Council make clear what form of government they
want. City Attorney Hughes said that the former type of
government was a weak Mayor and strong Council. There are three
kinds of government forms: weak Mayor - strong Council; strong
Mayor - weak Council; manager form. Remeta said he wants the form
of government back the way it was. Hughes said that would mean
Council committees. Pearce said that he was satisfied that the
election was advertised. O'Neill stated that he campaigned
against the City Manger form of government but said that when it
was voted in by the citizens then he supported the City Manager.
O'Neill said that the ink is not yet dried and that we should
play it out for a while; focus on the person /performance. O'Neill
said that the person only carries out what Council approves and
passes. Spend more time with the City Manager. O'Neill said he
would hate to sit on a Committee meeting and make decisions
because of all of the State and Federal regulations. Mayor Parker
said that this government is running more efficient, with better
service to the citizens. Voting in favor of sending charter back
to the legislature in January were Merves, Youmans, Remeta, and
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Hosti. Voting against were Pearce and O'Neill.
Remeta said that this does not eliminate the City Manager form of
government but will just bring it to a vote.
Remeta moved to rescind the proposal from the YMCA, form a
committee of 5 to 7 people, and go back to the drawing board.
Youmans seconded. Voting in favor were Merves, Youmans, Remeta,
and Hosti. Opposed were Pearce and O'Neill.
Mayor Parker called for a break of 10 minutes.
Remeta said that he would like the City Manager to gather
information from each department to find out how many employees
would be interested in family health coverage if it was offered
at a reduced rate.
Pearce moved to approve the purchase of a filter press for
the sewer treatment plant in the amount of $155,000. from
Enviroquip Inc. O'Neill seconded. Hosti asked if this was a band
aid fix and how long will it last. Superintendent George Reese
stated that this would last indefinitely. Youmans said he needed
more information. Reese said that Hussey, Gay Bell and DeYoung
just passed on the information to us. O'Neill said that this
would save the labor cost to dig 8 drying beds. Youmans wants
this to be a permanent press. O'Neill said this can be attached
to a pad. Youmans questioned the trailer. Mayor said that we
could remove press if a hurricane decided to come to Tybee. Vote
by Council was 5 in favor (Merves, Remeta, Hosti, Pearce,
O'Neill); 1 opposed (Youmans). Youmans questioned how we were
going to pay for this item. Farmer said that there is something
coming up on the agenda later on.
Pearce moved to approve the DOT Agreement for the paving of
the Museum Parking area subject to the City Attorney negotiating
to protect the City from giving away any of their rights. Hosti
seconded. Farmer said the drainage plan was submitted and
approved by DOT. Hosti asked what was the City costs of this
paving. Farmer said anywhere from $4,000 to $8,000. Youmans asked
that City Attorney Hughes look over the agreement before the City
accepts. Council voting in favor of the motion were Merves,
Hosti, Pearce, and O'Neill. Opposed were Youmans and Remeta.
Farmer went over the department statistical reports,
commending Public Works for a good job.
Pearce moved that since there was controversy over 2
positions in the employee compensation budget adjustment to hold
consideration of wage changes for Bill Farmer and Jackie Brown to
a later date and go ahead and give all other employees a
comparable wage increase. Merves seconded. Vote by Council was 5
in favor (Merves, Youmans, Remeta, Pearce, O'Neill); 1 opposed
(Hosti) .
Pearce moved to adopt the Resolution on the procedures for
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the Personnel Advisory Board. Youmans seconded stating that the
way he read it that a recorders court judge must be present.
Hughes said that is correct because he would be present
representing the department. Vote by Council was unanimous.
Pearce moved to accept the bills for the month of July.
Hosti seconded. Vote by Council was unanimous.
Farmer asked Council to delay action on the drainage
proposal and use information for study until the Capital
Improvement Plan is adopted.
Pearce moved to adopt the Capital Improvement Plan presented
to Council in July stating that CIP can be changed every month.
Merves seconded. Vote by Council was 3 in favor (Merves, Host,
Pearce; 3 opposed (Youmans, Remeta, O'Neill). Mayor Parker broke
the tie by voting in favor of the motion.
Pearce moved to authorize City Manager Farmer to send a
letter before September 15th to LARP with the list of streets
that need resurfacing. Hosti seconded. O'Neill asked how long
before all streets on Tybee will be paved? Farmer said that the
CIP is a 6 year plan and all streets would not be paved in 6
years. Vote by Council was unanimous.
Pearce moved for Bell South to confer with the Fire Chief to
decide the location for a temporary tower by the fire station
until the new water storage tank is completed on 2nd Street.
Hosti seconded. The temporary tower would need a 10 by 10 section
of land and a 80 foot wooden pole. Vote by Council was unanimous.
Farmer explained that bids were being accepted at City Hall
until September 11 for the connector pipe between the 2 water
tanks and that the bids will come before Council in October. The
City will purchase the materials for the job. Youmans asked where
money to pay for this is coming from in the budget. Farmer said
SPLOST.
Pearce moved to adopt the following ordinances on second
reading: Section 2 -3 -30 Personnel Advisory Board; FIRE 4 -2 -5
Tampering with or causing damage to a fire hydrant; prohibited;
4 -2 -12 Subscription process; 4 -2 -25 Fire on Vacant Land;
Prohibited; ANIMAL CONTROL 4 -4 -3 Enclosures for animals or fowl;
SOLID WASTE COLLECTION AND DISPOSAL 5 -2 -5 Same; Directing
removal; 5 -2 -21 Definitions; 5 -2 -22 Storage practices; 5 -2 -23
Collection practices; STORM WATER MANAGEMENT 5 -4 -14 Appeals;
WATER SUPPLY AND DISTRIBUTION 6 -1 -1 Water /Sewer department
director; 6 -1 -2 water department superintendent; etc. (delete);
6 -1 -3 Same; Duties (delete); 6 -1 -5 Service pipe, stopcock and tap
specifications; 6 -1 -7 Shut off for violation of regulations; 6 -1-
8 Responsibility for compliance with regulations; 6 -1 -10 Tapping
fees, meters; 6 -1 -11 Meters; 6 -1 -12 Gravel wall wells and
limerock wells; 6 -1 -15 Delinquency; Cutoff and Cut -on fees;
SEWAGE COLLECTION AND DISPOSAL 6 -2 -1 Definition; 6 -2 -3 Private
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sewage disposal; 6 -2 -4 Building sewers and connections; 6 -2 -5 Use
of the public sewer; 6 -2 -8 Sewerage service billing; collection
and penalties; 6 -2 -9 Penalties; RECREATION Watercrafts 7 -3 -6
Powered (Motorized) watercrafts; control; BOARDS, COMMISSION,
ETC. Fine Arts 7 -4 -5 City Manager to work with the Commission;
LICENSING AND REGULATION General Provisions 9 -1 -1 Definitions; 9-
1-6 Rules and regulations; 9 -1 -8 Duration of License; Renewal; 9-
1-18 Riding Devices, Passenger vehicles for hire, etc. Special
insurance and bonding provisions; 9 -1 -20 Sales on streets,
Strand, beach o park prohibited; 9 -1 -21 Life insurance company
license fees other that life insurance companies; ALCOHOLIC
BEVERAGES 9 -2 -21 Application for license for liquor sales; 9 -2-
22 Issuance of license; 9 -2 -23 License fee; 9 -2 -32 Issuance;
MISCELLANEOUS REGULATIONS 9 -3 -12 Registration; fee; application
for identification card; 9 -3 -14 Unlawful acts; 9 -3 -31 License;
issued subject to regulation; 9 -3 -32 Same; filing and approval of
application; 9 -3 -33 Same; advance payment of fee; 9 -3 -34 City
control of business operation; 9 -3 -35 Lifeguard; required
qualification; duties; 9 -3 -52 Permit; required; prerequisite to
issuance of business license; 9 -3 -54 Same investigation of
application; prerequisite to issuance; 9 -3 -55 Submission of list
of property and bonds upon which they appear as surety; grounds
for revocation of license generally; MOTOR VEHICLES AND TRAFFIC
General Traffic Regulations 10 -1 -3 Skateboards regulated; 10 -1 -7
Parking regulations; 10 -1 -9 Pedestrian crosswalks (delete);
PARKING 10 -1 -21 Definitions; 10 -1 -24 Designation of individual
parking spaces; 10 -1 -25 Parking meters to be installed; 10 -1 -27
Parking violation where no coin deposited; evidence; 10 -1 -31
Slugs; 10 -1 -32 Parking Services reports; 10 -1 -33 Ticketing
vehicles early payment, penalty; 10 -1 -34 Collection of coins; 10-
1-36 Period; condition to issuance; 10 -1 -38 Same tax payment
required in person; 10 -1 -39 Same misuse of decal forfeiture of
free parking; PERSONAL CONDUCT 11 -1 -6 Disorderly conduct;
NUISANCES 11 -2 -1 Definitions; 11 -2 -2 Complaint of nuisance;
hearing; 11 -2 -3 Abatement by City; 11 -2 -4 Offense; Penalty.
Hosti seconded. Vote by Council was 5 in favor (Merves, Remeta,
Hosti, Pearce; O'Neill); 1 opposed (Youmans).
The following ordinances were held for further discussion
before a second reading is heard 7 -2 -2 Memorial Park Pavilion; 7-
2-3 Community House; 7 -2 -4 Old Tybee School; 9 -2 -7 (b) bar cards
As there was no further business to come before Council
Mayor Parker adjourned the meeting. Hosti stated that he thinks
we have jumped the gun on the pay increases.
Mayor Walter W. Parker
Clerk of Council, jrb
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JUN 26 '97 08:33AM
FACSIMILE COVERSHEET
�,�,� slwrROgv� INC
2404 Rutland Drive, Suite 200 (78758)
P.U. Box 9069
Austin, Texas 78766
Phone: 512 884 -6010
Pax: 512 834 -6039
D�
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etA'"-; °1-
To: Mr. Bobs Wh Y. hel Date: June 25, 1997 J' S '( 0 0,1
��
Company: Hus ; j\Gay, Bell & Young From: Richard P. Johnson - President
Fax No.: (9 )354 -- 54 Pages: 19
Subject:
I believe the attached is very responsive to the needs of your client, if they really are prepared
to move fast.
It gives them 3 options:
1. Lease for minumum 3 months $10,000/month ir 9 ,
2. Buy mobile for $155,00 with 80% credit for earlier payments, (note - press is new, ^
the rest is used.) 4
3. Buy belt press only for $97,000 less 80% credit for earlier payments for installation -73, ° pd'
in permanent fixed location along with all new related equipment such as sludge
pump, polymer system, control panel, wastewater pump, floc tank if desired,
conveyors, etc.
Any questions, please call, I am gone today,but will be in at 6:30 A.M. tomorrow.
gg-t
Thanks,
Richard P. Johnson
President
Jr
Mayor Walter W. Parker
City Council
IMariann C. Wildi, Mayor Pro Tem
Michael A. Hosti
Edward Merves
Mallory Pearce
William Remeta
Jack Youmans
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CITY OF TYBEE ISLAND
August 29, 1997
Earnest Green
Local Government R/W Coordinator
Department of Transportation
District Five
Jesup, Georgia 31598
RE: Project: PR -8531 (051) Chatham County
Tybee Island Museum Parking Lot
City of Tybee Island
Our File No. 572.14536.193
Dear Mr. Green:
City Manager
Bill Farmer
Assistant City Manager
Rowena B. Fripp
Clerk of Council
Jacquelyn R. Brown
City Treasurer
Patricia B. Pagan
City Attorney
Edward M. Hughes
Pursuant to your request, I am enclosing two executed
originals of the City Right of Way Agreement relating to the paving
project at Tybee. This is the project dealing with the parking lot
at the Tybee Island Museum. Based on a number of discussions with ,
Department representatives, we have struck the phrase, "including
angle parking" at the top of page 2.
Should you have any questions at all, please do not hesitate
to contact me.
With kindest regards, I remain
Very truly yours,
1
Edward M. ughes
EMH /bb
Enclosures
cc: Jacquelyn R. Brown, Clerk of Council
P.O. Box 2749.403 Butler Avenue, Tybee Island, Georgia 31328 -2749
(912) 786 -4573 • FAX (912) 786 -5737
ITATE OF GEORGIA
COUNTY OF CHATHAM
CITY OF TYBEE ISLAND
DEPARTMENT OF TRANSPORTATION
CITY RIGHT OF WAY AGREEMENT
The DEPARTMENT will assist the CITY in constructing a project for base and surfacing of Parking Lot at
Tybee Island Museum to begin at Meddin Drive; as per attached sketch and designated as Project Number PR-
8531 (051), hereinafter referred to as the "Project ", a complete plan of said project is on file at the appropriate District
Office of the Department of Transportation, on which reference is hereby made for all purposes;
WHEREAS, this Project will extend within the corporate limits of the CITY;
THEREFORE, in consideration of the mutual benefit to the parties derived from the construction, installation
and operation of said improvements, the CITY agrees as follows:
The CITY agrees to furnish, at no expense to the Department of Transportation, good and
sufficient title, to provide 3767 m2 (4505 squre yds.) existing right of way , necessary for the proper
construction and maintenance of the above named project in accordance with pertinent agreements and
regulations, according to the plans prepared by the DEPARTMENT, including any drainage deemed necessary
by the DEPARTMENT or its engineers, within the limits of said CITY.
The CITY agrees to provide for its proper maintenance after completion of said
improvements, and will make ample provisions each year for such maintenance.
The CITY agrees that when the above numbered project is advertised for letting, the CITY will arrange
with various utility owners to place underground facilities that are approved to remain under the pavement in a
satisfactory state of repair except where this phase of work is covered by separate agreements.
The CITY further agrees to assume responsibility for and cooperate with the Utility Owners in the
moving, setting back, replacing or lowering of all customers' service connections, including gas lines,
telephone lines, electric power lines, water mains, and sanitary sewer connections to clear construction by
one foot whether such facilities are publicly or privately owned except where this phase is covered by separate
agreement. Additionally, the CITY will require stubs.and headers to be installed to avoid future cutting of the
pavement.
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It is further agreed that after construction is completed on off - system projects, no new or additional
utilities facilities will be allowed to encroach on the right of way for this project except under permit issued by
the CITY in accordance with the policies of the Department of Transportation, with special emphasis on the
Department's prohibition on pavement cuts in new and widened roadways.
The CITY agrees to remove any existing structures or obstructions as provided in pertinent agreements
prior to advertisement for letting and to prevent any future encroachments upon the right of way limits of said
roadway not covered by permits duly issued by the DEPARTMENT or the CITY; and furthermore agrees,
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obligates, and binds itself in accordance with Title 40 of the Georgia Code that it will not pass any laws,
rules, regulations or ordinances which penalize, hinder or other wise obstruct the free movement of vehicular
traffic on said roadway, ' , or erect any traffic signals, towers or lights on the said right of
way without written consent of the DEPARTMENT. zi72
The CITY agrees that prior to, during and after completion of the construction of the above named
Project, the CITY shall defend and hold harmless the Department of Transportation for any liability for direct or
consequential damages resulting from personal injury, property damages, or inverse condemnation, except for
that which is the result of the sole negligence of the Department of Transportation. After completion and final
acceptance by the Department, of the Project, the CITY assumes complete ownership, control, and
responsibility, including any liability for the above named Project.
This Agreement is made and entered into the Fulton County, Georgia and shall be governed and
construed under the Laws of the State of Georgia.
This the
day of 3 Lk c (..L4—i' , 19q1 .
Mayor of the City Council
STATE OF GEORGIA
COUNTY OF CHATHAM
CITY OF TYBEE ISLAND
I, Jacquelyn Brown, as Clerk of said CITY, do hereby certify that I am custodian of the books and records of
the same, and that the above and foregoing copy of the original is now on file in my office, and that the Mayor of the
City Council was authorized and directed to execute the same for and in behalf of said City Council.
Witness my hand and official signature, this 14[1'1 day of w,a
tJ
SQ
Ci `Clerk
STATE OF GEORGIA
COUNTY OF CHATHAM
CITY OF TYBEE ISLAND
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, 19q1.
.
This is to certify, that in my opinion, the dedication of the streets named and described above is complete.
City Attorney
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R E S O L U T I O N 1
WHEREAS, The City of Tybee Island operates on an annual
budget year of January 1 through December 31 of each respective
calendar year; and
WHEREAS, The City's budget is used for guidance and
control as an aid in the wise management of the city's assets,
revenues and expenditures; and
WHEREAS, Periodic adjustment of the City's budget based
on actual experience during the fiscal year is prudent and
helpful; and
WHEREAS, The first two quarters of fiscal 1997 have
recently been completed;
NOW THEREFORE BE IT RESOLVED, AND IT IS HEREBY RESOLVED BY THE
MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED, that the budget for
fiscal 1997 be adjusted according to the attached schedule of
accounts; and
BE IT FURTHER RESOLVED that these budget adjustments, as
approved, become a valid amendment to the 1997 budget and so
reported in future finance statements.
Attest:
This day of , 1997.
Mayor
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July 10, 1997
PROPOSED
1997 BUDGET ADJUSTMENT SUMMARY
DESCRIPTION '97 Budget Adiustment'97
General Fund Revenues:
Real Estate Taxes 855,000 279,000
Reserve From Prior Years 48,000 - 48,000
All Other 2,389,000 0
Total 3,292,000 231,999
General Fund Expenses 3,292,000 231,999
Water Sewer Fund Revenues:
Reserve From Prior Years 448,000 - 448,000 * **
All Other 1,164,300 460,700 * **
Total 1,612,300 12,700
Water Sewer Fund Exp. 1,612,300 12.700
S.P.L.O.S.T. Rev /Exp
Revenue Bond Fund Rev /Exp:
TOTAL, ALL FUNDS
438,840
300,000
50
- 270,000
25,351
* ** Sources: Additional General Fund Transfers,
Additional Water /Sewer Fund Revenues,
Etc.
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continued
Budget Adjustments 1997:
1. Prior Approvals:
Employee Wage Changes
Street Sweeper & Garbage Truck
Sumer In The Park
Fuel Tank Refurbishment
50,000
8,011
4,000
22,650
TOTAL 84,661
2. Additional:
Employee Wage Changes
$ 39,682 x 1.186 47,062
All Other G. F. & W/S Fund 112,976
S.P.L.O.S.T. Fund 50
Revenue Bond Fund - 270,000
3. Total, All Adjustments: 25,351
4 � P
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latit - 4,6% fictuOy
haWzav epaa)
RESOLUTION CaM444' ?of/WO
WHEREAS, the City of Tybee Island, Georgia, has adopted an
ordinance providing for certain hearings to be conducted before a
Personnel Board, and
WHEREAS, a resolution is appropriate in order to have
guidelines and /or rules of procedure, before such Board;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council for
the city of Tybee Island, Coorgia, duly assembled in open meeting
that the following rules shall be used for hearings before the
Personnel Hoard:
1. Meeting to be Public.
All official meetings of the Personnel Board shall be
subject_ to the Georgia Open Meetings Act and any closed or
executive sessions of such Board shall be held pursuant to the
terms of that Act.
2. Method of Conducting Hearings.
Hearings shall be conducted by three members of the
Personnel Board chosen at random by the Clerk of Council, however,
consideration may be given to practical considerations to arrive at
a panel of three members. A majority of the members of the panel
present and acting for a hearing shall be necessary to make a
determination. If at any meeting of the Personnel Board less than
three members are present, those in attendance shall adjourn to a
later time to be then announced.
:3. Journal of the Proceedings Shall be Kept.
A journal of the proceedings before the Personnel Board
shall be kept by the Clerk of Council.
4 FTdl F'..:
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4. Presentation of Evidence.
a. All parties t•. any hearing before the Personnel
Board shall the right to subpoena witnesses to
attend and to present relevant testimony and
evidence to the Board. Each party has the right to
cross examine and confront adverse witnesses.
b Except in cases involving appeals by employees of
disciplinary action taken against them, the party
initiating the necessity for the hearing before the
Board shall have the burden of proof and present
his /her evidence first. In the case of employee
appeals of disciplinary action, evidence shall
initially be presented by the department or agency
responsible for the discipline with an opportunity
for rebuttal by the employee, surrebuttal, etc.
b. Presiding Judge.
Upon the request of a majority of thP. panel of the
Personnel Board designated to conduct a hearing, the Recorder's
Court Judge for the City, and /or his designee, may preside at
hearings before the Board to make appropriate rulings; however,
such Mudge or his designee shall not have a vote.
G. Findings and Decisions.
The Personnel Board pane:t shall make its decisions within
seven (7) working days of conducting the hearing and shall notify
the appropriate parties of its findings and /or decisions.
o r: G, M r :�
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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 Public Safety; Chapter 2 Fire;
Section 5 Tampering with or causing damage to a fire hydrant;
prohibited be amended to read as follows:
4 -2 -5. Tampering with or causing damage to a fire hydrant;
prohibited.
It shall be unlawful for any person, firm or corporation to
tamper with, damage or cause to be damaged any fire hydrant
within the corporate limits of the city. For purposes of this
section, the term "tampering" shall mean any act directed toward
the opening, the defacing or the removing of any part of a fire
hydrant that interrupts or interferes with the general and
specific function of that hydrant as furnishing a source of water
for firefighting purposes. Nothing contained within this section
shall prohibit those members of the fire department from acting
in their official capacity, nor shall it prohibit other .persons
specifically authorized by the mayor and council . to
use the fire hydrants. (Code 1070, 7-8)(1997-39;.
ADOPTED THIS DAY OF , 199.
Mayor Walter W. Parker
Clerk of Council
1st Reading: July 24, 1997
2nd Reading: August 14, 1997
Enacted: August 14, 1997
[4- 2- 5.jrb]
2- 3- 30ART. ARTICLE C. BOARDS, COMMISSIONS, AUTHORITIES (RESERVED)
I. PERSONNEL ADVISORY BOARD
The City Council shall appoint a Personnel Advisory Board to
conduct hearings on employee appeals involving promotions,
demotions, suspensions, dismissals and charges of discrimination
or other unfair practices. The Personnel Board will make
determinations on employee appeals and forward its
recommendations to the City Manager who will make final
decisions.
a. The Personnel Advisor r.Board shall consist of thrcc
(3) members. Two members shall be appointed by
the City' Council and ene''" by the City employees. Each
member shall serve a term''.6f two years commencing in the
final adoption of this ordinance, and each serving member
may be reappointed by the City Council or the employees for
one additional two -year term.
b. Each member of the Personnel Advisory Board shall be a
resident of the City of Tybee Island. Members of the board
appointed by the City Council shall hold no other concurrent
position with the city, paid or unpaid, appointed or
elected. Members of the personnel board shall serve without
compensation, except that they be paid a standard per diem
for expenses incurred on personnel board business.
c. The Pcr3onncl Advisory Board at it3 firot mccting
and presiding at all mcctingo. Each member
will have an equal vote.
d. The Clerk of Council shall serve ex officio, without
vote, as secretary to the Personnel Advisory Board and shall
be responsible for maintaining records of the board's
proceedings, determinations, and recommendations.
f. The personnel board shall determine its operating
procedures by written resolution prepared by the city
attorney and approved by the city council.
g. A member of the Personnel Advisory Board may be removed
before the end of his /her term by the appropriate appointing
body. Written notice of the reasons for removal shall be
given, and an opportunity to respond in public hearing
before the City Council. (Ord. 1996 - 2;3/21/96)(1997 - 38;8/14)
[2- 3- 30.jrb]
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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 Chapter 4 Section 3 be changed to
read as follows:
4 -4 -3. Enclosures for i fowl.
Any housing or enclosure used for the keeping of animals or
fowl shall be well drained, free from accumulations of animal
excrement and objectionable odors, and otherwise clean and
sanitary. (Code 1970, Sec. 4- 3)(1997 -41; 8/14/97)
ADOPTED THIS DAY OF , 199.
Mayor Walter W. Parker
Clerk of Council
1st Reading: 7/24/97
2nd Reading: 8/14/97
Enacted: 8/14/97
[4- 4- 3.hlr]
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 Public Safety, Chapter 2 Fire,
Section 12 Subscription Process be added to read as follows:
4 -2 -12 Subscription Process
Property owners living outside the City limits of Tybee Island
may contract for Fire Services in one of two ways:
a.) Subscribers - by signing an annual subscription agreement
and pre - paying the annual subscription fee.
b.) Non Subscribers under Agreement - by signing an agreement
whereby Fire Service will be paid on an as- provided basis at
set rates.(1997 -40; 8/14/97)
ADOPTED THIS 14th DAY OF August, 1997.
Mayor Walter W. Parker
Clerk of Council
1st Reading: 7/24/97
2nd Reading: 8/14/97
Enacted: 8/14/97
[4-2-12.dft]
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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 5 Chapter 2 and Section's 21 -22 be
ammended to read as follows:
5 -2 -21. Definitions.
For the purposes of this chapter, the following words and
phrases shall have the meanings ascribed to them in this section:
(1) Apartment, rooming houses, hotels, tourist courts and
motels shall include those facilities licenseed as such
by the city in which two (2) or more units are — rented
or offered to the public for rental.
(2) Ashes shall mean the residue resulting from the burning
of wood, coal coke or other combustible material.
(4)
Commercial Solid Waste. All types of solid waste
generated by stores, offices, restaurants, warehouses
and other non - manufacturing activities, excluding
residential and industrial wastes.
(5) Composting. The controlled biological decomposition of
organic matter into a stable, odor -free humus.
(6) Disposal shall include the storage, collection,
disposal or handling of refuse.
(7) Family dwelling unit shall mean a structure providing
housing for a collective body of persons forming one
household under a common head.
(8) Garbage shall mean all animal and vegetable wastes
resulting from the handling, preparation, cooling and
consumption of foods.
...............
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 5 Chapter 2 Section 5 be ammended to
read as follows:
5 -2 -5. Same- Directing removal.
The:'_ '` public wo rk s superintendent of the
city shat'1h dye "'the authority to direct the removal, placing,
disposition and disposal of any accumulation or volume of brush,
bric -a -brac, scrap lumber, trash or rubbish resulting from any
job or contract mentioned in section 5 -2 -4. (Code 1970, 8 -3; Ord.
No. 3 -1986, 2- 13- 86).(1997 -42; 8/14/97)
ADOPTED THIS DAY OF , 199.
Mayor Walter W. Parker
Clerk of Council
1st Reading: 7/24/97
2nd Reading: 8/14/97
Enacted: 8/14/97
[5- 2- 5.DFT]
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(10) Leachate Collection System. A system at a landfill for
collection of the leachate which may percolate through
the waste and into the soils surrounding the landfill.
(11) Municipal Solid Waste. Any solid waste derived from
households, including garbage, trash and sanitary waste
in septic tanks and includes solid waste from
single- family and multifamily residences, hotels and
motels, bunkhouses, campgrounds, picnic grounds, and
day use recreation areas. The term includes yard
trimmings and commercial solid waste but does not
include solid waste from mining, agricultural or
silvacultural operations or industrial processes or
operations.
(12) Municipal Solid Waste Disposal Facility. Any facility
or location where the final deposition of any amount of
municipal solid waste occurs, whether or not mixed with
or including commercial or industrial solid waste,
including but not limited to municipal solid waste
landfills.
(13) Municipal Solid Waste Landfill. A disposal facility
where any amount of municipal solid waste, whether or
not mixed with or including commercial waste,
industrial waste, nonhazardous sludge or small quantity
generator hazardous waste, is disposed of by means of
placing an approved cover thereon.
(14) Person shall include any natural person, association,
partnership, firm or corporation.
(15) Privacy Fence - wood, metal or masonry structure not to
exceed eight (8) feet in height from average adjacent
grade. (ORD. 1995 -11; 10/12/95)
(16) Refuse shall mean all solid wastes, except body wastes,
and shall include garbage, ashes and rubbish.
(17) Rubbish shall include glass, metal, paper, plant
growth, wood or nonputrescible solid wastes. (Code
1970, 8 -17)
HOMO
^,•,:,'. �1,• i, �;! M ,4,.Y,.;i^.,R,:;::•:.T,.,:!!,R, S. ;}`•. 4.•.^•.{ f. F,l, �:;. �::: i:•• R, S:;. T,.;: .,T,.;�,yi,: :..,T,:}�T.;..;.�::
:::::::::::•:::::::::•i: ^: ::::: iii'•t: 'i:• •: :•::it:•i::: : :: •: "•ii:•::•?: i�iiiiiii %'.niii: "•i::•{ iii:::) : +'•:i:::•::i::i::i.'•:fi:i: : :ri$i:ii:•i::i: ::::•:v:: ::i': is
r" 3' r' C•:' E:'.. i::: is7: �C•: f: idY".:''':' w.'r''''': t? i.'''t.' :.'`::'S'r•:a:.�r.•'•''n':S::i' : : ?':: :.w..e'.}:'•:•:}�:
NUA
MAIX
(22) Yard Trimmings. Leaves, brush, grass clippings, shrub
and tree prunings, discarded Christmas trees, nursery
and greenhouse vegetative residuals, and vegetative
matter resulting from landscaping development and
maintenance, other than mining, agricultural and
silvacultural operations.
(Ord.1996- 25;10/1Q/96)(1997 -43; 8/14/97)
5 -2 -22. Storage practices.
(a) Preparation of Refuse: Residential refuse shall be
placed in uniform roll out carts ..! as
provided. (ORD. 1995 -12; 10/12/95) • °.::::::::: :::::: :. ::::::::::.: ::::: :.:.
(b) Refuse containers.
Commercial refuse and commercial solid waste shall be
placed in a commercial dumpster of sufficient size to
handle the amount of refuse generated by said
commercial establishment. In the event that a
commercial establishment cannot have a dumpster placed
on site, sufficient uniform roll out carts shall be
used.
(1) Commercial dumpsters shall be enclosed by a privacy
fence not less than six (6) feet nor more than (8) feet
in height. Flooring shall be a concrete masonry pad
sufficient to place the required size of the dumpster
on. Enclosure shall be constructed to include cement
filled steel posts with a minimum height of five (5)
feet to be placed three (3) feet from sides of
enclosure. Enclosure shall be a minimum of eleven (11)
feet wide and eleven (11) feet in depth with a front
clearance for gating to be 180 degrees, with an access
lane of no less than 100 feet of unobscured finished
surface. Dumpster flooring shall be place at the same
elevation as finished grade of lot surface.(ORD.
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1995 -12; 10/12/95)
(c) Storage of refuse
(1) Each householder, commercial establishment or person
having refuse shall provide himself with approved
refuse containers and ahall placc and kccp all rcfucc
thcrcis. as providod iE. this articic rclating to
handling of rubbich.
(2) It shall be unlawful to place refuse in any street,
alley or any other public place, or upon private
property, whether owned or not, unless that refuse is
placed in an approved container, as provided in this
article.
(3) It shall be unlawful to place refuse in any stream or
body of water, or in any place inconsistent with the
provisions of this article. (code 1970, 8 -18)
(d) Storage of yard trimmings.
(1) It shall be unlawful to place or mix yard
trimmings with municipal solid waste within the
city.
(2) Yard trimmings shall not be disposed at any
municipal solid waste disposal facility having a
liner and leachate collection system or requiring
vertical expansion located within the city.
(3) Yard trimmings shall be sorted and stored in the
following manner: yard trimmings which have not
been utilized for composting mulch, or otherwise
revised /recycled shall be placed adjacent to
refuse containers so as to be readily accessible
to the collector.
(Ord.1996- 26;10/10/96)(1997 -44; 8/14/97)
ADOPTED THIS 14th DAY OF August, 199:
Mayor Walter W. Parker
Clerk of Council
1st Reading: 7/24/97
2nd Reading: 8/14/97
III Enacted: 8/14/97
[5 -21 &22 . dit]
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 5 Chapter 2 Section 23 be amended to
read as follows:
5 -2 -23. Collection practices.
(A) It is the city's intention to provide each residential and
commercial unit within the city one (1) uniform rollout container
for which a monthly fee shall be set by the Mayor and Council.
Customers requiring additional containers will obtain them by
individual agreements with the contractor.
(B) Refuse containers shall, for the purposes of collection, be
placed a ground level and be made readily accessible to the
collector.
it further ordained that all ordinances or parts of
ordinances in conflict with the above be rendered null and void
and of no effect. (ORD) 1992 - 10)(1997 -45; 8/14/97)
ADOPTED THIS 14th DAY OF August, 199.
Mayor Walter W. Parker
Clerk of Council
1st Reading: 7/24/97
2nd Reading: 8/14/97
Enacted: 8/14/97
[5- 2- 23.dit]
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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 5 Chapter 4 Section 14 be changed to
read as follows:
5 -4 -14 Appeals
1.) Any person aggrieved by a decision of the Director
(including any decision with reference to the granting
or denial of a variance from the terms of this
ordinance) may appeal same by filing a written notice
of appeal with the Director within five (5) days of the
issuance of said decision by the Director.
2.) The Director can then reverse his /her decision or send
this notice to the Tybee Island City Council. A
notice of appeal shall state the specific reasoris....why
the decision of the Director is alleged to be in error,
and the Director shall prepare and send to the City
an'an' and appellant a written response to said
notice of'. "appeal within ten (10) days of receipt of the
notice of appeal.
4.) All appeals chall be heard byes::::::: the City Council
accord with it3 bylawc. The h a ing shall be held
within thirty (30) days after receipt of notice of
appeal or a date mutually agreed upon in writing by the
appellant and the chairperson of the City Council. The
City council shall then make its findings within ten
(10) days of the appeal hearing.
5.) If either the appellant or Director is dissatisfied
with the City Council's decision, he or she can appeal
said decision to the Superior Court.(1997 -46; 8/14/97)
ADOPTED THIS 14th DAY OF August, 1997.
Mayor Walter W. Parker
Clerk of Council
1st Reading:7 /24/97 2nd Reading:8 /14/97 Enacted:8 /'14/97
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 6 Section's 1,2,3,5,7,8,10,11,12 & 15
of Chapter 1 and Section's 1,3,4,5,8 & 9 of Chapter 2. be amended
to read as follows:
6 -1 -1.
•
...................::. ...............................
Thc appropriate watcr committee having thc jurisdiction and
rcoponcibility pertaining to providing watcr ocrvicc to conoumero
empowered to adept rxlco and rcg- .lationo govcrning thc following
coot of watcr meters, clasoification of conoumcro and
furniohcd and oicv.pplcd, the method of billing, noticc and paymcnt
of cams, and other applicable and rclatcd mattcro pertaining to
furnishing of watcr and providing for any ocrvicc. Howcvcr, any
rulco and rcgulationn oo adopted should firot be approved by thc
governing body prior to being but into cffcct. (Cods 1970, Scc.
WV
9
6 -1 -2. Watcr dcpartmcn-t auperintcndcnt; office croatcd; cicction;
compensation as fixcd
Thc office of thc slxperintcndcnt of thc watcr dcpartmcnt is
thc firot meeting aftcr each ouccccding gcncral cicction of city
(1997 -48; 8/14/97) Delete
6 -1 -3. £amc; dutico
Thc superintendent of thc watcr dcpartmcnt shall
( 1) Make watcr connection° upon permits icoucd by
thc manager of thc watcr department.
( 2) Scc that daily inopcctiono of pumping unito
arc madc.
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( 3) Kccp all equipment in ordcr.
( 5) Read watcr meters and give figures to thc
manager.
( 6) Cut off or turn on watcr on variouo
propertic3 upon notice from thc manager
of thc watcr dcpartmcnt.
( 7) Report to thc appropriate committee any
violationo of this chaptcr and othcr watcr
dcpartmcnt rcgulationo.
( 8) Report to the water dcpartmcnt any major
..d,,d
( 9) Kccp a record of total gallonage pumpcd
daily.
(10) Itemize the amount of material uocd on any
water connection.
(11) Carry oirt any other funetion3 delegated to
thc office of auperintcndent of thc water
dcpartmcnt ao thc appropriatc committee or
the governing body may direct.(Codc 1970,
Soc. 20 13)
(1997 -49; 8/14/97) to Delete
6 -1 -5. Service pipe, stopcock and tap specifications.
Service pipes from mains for private dwelling houses shall
be three - fourths (3/4) inch with one -half (1/2) inch branches;
all pipes shall be galvanized; no stopcock or tap larger
than three - fourths (3/4) of an • ri " i will be allowed to be used
except on express permission from the auperintcndent of thc water
dcpartmcnt. (Code 1970, Sec. 20 -15) (1997 -50;
6 -1 -7. Shut off for violation of regulations
The city reserves the right to shut off the water at any
time the
are violated. (Code 1970, 20- 1$t19S7 -5 8/1
6 -1 -8. Responsibility for compliance with regulations
Owners of real estate and the premises thereof are
responsible that the water service furnished to them or to said
property is used according to thcoc rulcc and regulationo
Rt a:::'::::::::; and are responsible for any
tenant and • other person occupying or using that property. (Code
1970, Sec. 20- 19)(1997 -52; 8/14/97)
6-1-10. Tapping'trr
fees, meters.
Water t o in >WORSAMW' , fees fora water consumer
will be based on he ....dzc....of....mct el: ...re.... quc :.:.:.>
The fee shall cover the cost of the meter and "
supe-rvi-s4e4diageag of installation of same. Actual
installation"`of"'liotF:'' "lines and meter shall be the responsibility
of the applicant,`., and shall be cubjcct to the rules and
rcgulations of the watcr dcpartmcnt. This tapping ;: ' ?
fee is payable in advance. Outside city watcr tapping "`fees "3hall
be one and one half (1 1/2) timcs the ino-idc city fcc.
1
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.ope 6
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.......... .
.. .
.
( 1) Three-fourths (3/4) inch and
five-eights (5/8) inch
( 2) One inch
$262.50
390.00
( 4g) Two inches
( 5t)Above two inches will be
cost plus twenty-five (25:es
percent.
(Code 1970, 20-20; Ord No. 5-1980, 10-8-80; Ord. No. 6-1980,
10-1980)(1997-53; 8/14/97)
6-1-11. Meters
(a) Meters shall be installed as close to the property line
of the as possible . All connections shall be
madeftEROM by ehe64400000t6d city employee& from the water
depaitment. Only those erson .ttteg where meters have been
installed will be furnished wat.6.i''' 18g'e city water system.
(b) The duly authorized ageneft:
of the city shall
have at all times free access to the premises for the purpose of
readying the meter or removing the same for the purpose of
testing its accuracy.
(c) Each meter shall become a permanent fixture upon the
property or premises where installed and may be transferred upon
the transfer of ownership of the property or premises to provide
for continued water service to that property.
(d) The size of the water meter shall be in accordance with
dcpartmcnt, the dccisio.
(e) Water lateralsNea to be maintained by the
owner. The owner of the property serviced by city water service
shall be responsible for maintaining the water pipes between the
plumbing fixtures on the property to the property line or the
water meter keeping them in good operating condition and free
from all internal obstructions.
(f) Duplexes, multiple - family dwellings and structures
.._: .;N{:::•if}:j;:t4'::iii i :}i >ti ; ?;.;::•: ?:•:•i:•.j•i:;: i:•:•:v +.yi•: .;.,. Ci4:•}:• :L.;'Yy %;_;:;::C•:
divided into several a artments O OO : <:<::O. :; Q0N : : B •.•• . : r—
excluding hotels and motels, shad '" 'e so" "equipped t i:at eac is * urn'
can be supplied with a separate meter. The rate for each meter
shall be based on the service rate schedule; provided, however,
that in the case of existing buildings the city may allow one
meter of the proper size to continue to be utilized. The rates
for that meter shall be based on a standby minimum base charge
g
for each dwellin unit2 , and cach unit will be
a3cigncd a scparatc account CI'i'at r' `....The actual water usage shall
be computed on the primary unit, according to the meter reading,
and so billed. In all such instances of duplcxcc,
multiplc family dwellings and houoc3 dividcd into
•apartmcnt3, >t;; the property owner shall be billed all
service charges" or"aT 'hits. (Code 1970, 20 -21, Ord. No.
79 -3, 3- 21 -79; Ord. No. 79 -4, 1, 3 -21- 79)(1997 -54; 8/14/97)
6 -1 -12. Gravel wall wells and limerock wells
(a) It shall be lawful for any individual person, firm or
business to dig a gravel wall well as hereinafter defined;
provided, however, it shall be within the discretion of the
governing body, upon petition, to permit any digging,
installation and use of any well provided an application is made
and a permit is granted prior to the digging of that well. That
well shall in no way be connected into the city water system.
The maximum depth permitted for any gravel wall well shall be one
hundred (100) feet, and this depth shall not be exceeded in any
instance.
(b) It shall be unlawful for any individual person, firm or
business, within the corporate limits of the municipality to dig
or install a limerock well, as hereinafter defined. However
where it is not possible for the city to provide water, it shall
be within the discretion of the governing body upon petition to
permit the drilling of a limerock well.
"At such time municipal or public water service is extended
to the property line of the owner of a private well, the city
shall either incorporate the well into its water supply system,
or plug, cap, and abandon to well according to state health
requirements. There shall be no charges or fees attached to this
exchange between the city and the well owner. "(ORD. #1990 -11)
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(c) "Gravel wall wells" are defined as wells that obtain
their water from the saturated sands between the ground surface
and the top of the limerock aquifer. These wells shall consist
of a well screen surrounded by a seven -inch thick wall of gravel.
(d) "Limerock wells" are defined as those wells which are
drilled into the limerock aquifer, containing a steel casing
through the overlying sands so as to seal off the water above the
aquifer. (Code 1970, Sec. 20 thru Sec. 23)(1997 -55; 8/14/97)
6 -1 -15. Delinquency; Cutoff and Cut -on Fees.
(a) Bills for water service and sewer service shall be rendered
bimonthly on or about the first day of even numbered months, and
shall be due and payable immediately. These bills shall set forth
a separate charge for water service and a separate charge for
sewer service. Billings for sanitation services may also be
included in the water and sewer service billings. The total of
all charges must be shown, and the total amount due must be paid.
No discounts for pre - payment or prompt payment are allowed, but a
delinquency fee of ten dollars ($10.00) shall be assessed on all
billings for which payment is not received by 3:00 PM on the
twentieth (20th) day of the even month at the city cashier's
office. The delinquency fee may be waived by the City Manager
only in cases when a sworn affidavit is provided by the utility
customer that no billing was received due to circumstances beyond
their control.
(b) Water service shall be discontinued whenever the total
billing for water service, sewer service, and sanitation service
(if included in the utility billing) is not paid in full and
received at the city cashier's office by 3:00 PM on the first
(1st) day of the odd month following the assessment of the
delinquency fee.
:�<:. • ••�:�: •� : >�:. •> �i::�: >:::: >:::• � ��::<: <> :::. ,.. ��:;:: >: •: ��:�::�:� •..::;: >::.:si i i::�t��x.:
..::::.;::::::::.>:.;•. t:;:::.:. i:. i:::.;.:::::::::. i.:. i:. i::.:. i':. ii:. i::::.;.::; i;: i..•. i:::.::::::: iiii..:..:.::•.:::. � only
» ..................... �................... ..................,A........... .............. ..
Discontinuation of service shall occur on the second (2nd) day of
the odd month, or within the next several days following the
second(2nd) day of the odd month. When any service is
discontinued due to delinquency, it shall not be restored until
the delinquent bill is paid in full, including a service charge.
The Cut -off cut -on service charge shall be twenty -five ($25.00)
dollars when
K T ::.. ...........::iii!• }•::: ?iv : `'SU ............ w........ ..i.
••:.�'ti...iss:•:• iii:• Gti. L '•:.iiii:::.')f:.::.•:::.i•:. }. •:. �:::: ki}'::.i': •yi:yi: ::' Y.;:: i' :.:•�i::: ::i::::•:.�:.v::::.•:. •..•:.•.•.•.• • :::::: .: .:::.. . .:........ .. ...r.- . -..... -..... .. ...
�G::::::s and shall be thirty -five
: u< o> i. i::::::::•;::<:<: 1 working
Tars ($5d0) when service is resumed after norms g
hours. The city may provide additional notice to the customer, or
at the service address /location, that a discontinuance of service
is planned or has occurred, with the providing or not providing
of such notice having no effect on the charges rendered or
actions taken regarding service discontinuation.
(c) The city has the right pursuant to Section 6 -1 -17 to place a
lien on the property. I.f such occurs, additional cost of
fifty -eight dollars ($58.00) shall be assessed and must be paid
prior to resumption of service.
(d) When service is discontinued, the city shall have placed on
the water box of that consumer a seal, tag or notification, which
must not be removed prior to full payment to the bill. Any
consumer whose seal, tag or notification has been unlawfully
removed, or whose water supply has been ille9 all y...reconnected,
shall be :. ... : .'` >.>
F:• 1".:.: . subject to the penalties provided in code
e c t'i on
(Ord.1996- 20;10/10/96)(1997 -56; 8/14/97)
6 -2 -1. Definitions
Unless the context specifically indicates otherwise, the meaning
of terms used in this chapter shall be as follows:
( 1) BOD (denoting biochemical oxygen demand)
shall mean the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure
in five (5) days at 20 degrees Celsius expressed in milligrams
per liter.
( 2) Building data shall mean that part of the lowest
horizontal piping of a drainage system which receives the
discharge from soil, waste and other drainage pipes inside the
walls of the building and conveys it to the building five (5)
feet outside the inner face of the building wall.
( 3) Building sewer shall mean the extension from
the building drain to the public sewer or other place of
disposal.
(4) Garbage shall mean solid wastes from the preparation,
cooking and disposing of food and from the handling, storage and
sale of produce.
(5) Industrial wastes shall mean the liquid wastes from
industrial processes as distinct from sanitary sewage.
(6) Natural outlet shall mean any outlet into a watercourse,
pond, ditch, lake or body of surface or ground water.
(7) pH shall mean the logarithm of the reciprocal of the
hydrogen concentration in moles per liter.
(8) Person shall mean any individual, firm, company,
association, society, corporation or group.
(9) Properly shredded garbage shall mean the wastes from the
preparation, cooking and dispensing of food that have been
shredded to such degree that all particles will be carried freely
under the flow conditions normally prevailing in public sewers,
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the building sewer from the owner's building to the public sewer
shall be borne by the owner. Any connection from the owner's
property into the public sewer shall be made by the owner, undcr
d. attiOtMfk NINNM.`td MIN of the sewer
department,' and nci connection into the' pu .IT ° sewer, shall be
covered until approval of the superintendent of the department is
granted. The owner shall pay the city a standard sewer tap fee
for each tap into the public sewer.
(c) Separate sewers required; exception. A separate and
independent building sewer shall be provided for every building,
except where one building stands at the rear of another or an
interior lot and no private sewer is available or can be
constructed to the rear building through an adjoining alley,
court, yard or driveway, then the building sewer from the front
building may be extended to the rear building and the whole
considered as one building sewer. In multi -unit developments
exceeding one unit, which are to be sold as individual dwelling
units, a separate and independent building sewer shall be
provided for each unit.
(d) Old sewers. Old building sewers may be used in connection
with new buildings when they are found, on examination and test
by the superintendent to meet all requirements of this chapter.
(e) General specifications. The building sewer shall be
cast -iron pipe, ASTM Specification A -74, vitrificd clay ccwcr
pipc, ASTM Specification C -13; or polyvinyl chloride with
integral wall bell and spigot joints with a rubber ring gasket.
Pipe and fittings shall conform to ASTM d -3034. Joints shall be
tight and waterproof. Any part of the building sewer that is
located within ten (10) feet of a water service shall be
constructed of cast -iron soil pipe with leaded joints. Cast -iron
pipe with 1 adcd jointo may be required by the superintendent
where the building sewer is exposed to damage by tree roots. If
installed in filled or unstable ground, the building sewer shall
be of cast -iron soil pipe, except that nonmetallic material may
be accepted if laid on suitable concrete bed or cradle as
approved by the superintendent.
(f) Size, slope of sewer. The size and slope of the building
sewer shall be subject to the approval of the superintendent, but
in no event shall the diameter be less than four (4) inches. The
slope of that four -inch pipe shall not be less than
one - eighth -inch per foot.
(g) Elevation; location, etc. Whenever possible the building
sewer shall be brought to the building at an elevation below the
basement floor. No building sewer shall be laid parallel to or
within three (3) feet of any bearing wall which might thereby be
weakened. The building sewer shall be laid at uniform grade and
in straight alignment insofar as possible. Changes in direction
shall be made only with properly curved pipes and fittings.
(h) Lift stations. In all buildings in which any building drain
is too low to permit gravity flow to the public sewer, sanitary
sewage carried by that drain shall be lifted by approved
artifici al means(—_
..
y x ' h.::... z :.:. .................
.....t.. and discare ol e u . n sewer.
.......................
(i) Excavations. All excavations required for the installation
of a building sewer shall be open trench work unless otherwise
approved by the superintendent. Pipe laying and backfill shall
be performed in accordance with ASTM Specification C -12, except
that no backfill shall be placed until the work has been
inspected.
(j) Joints, connections.
(1) All joints and connections shall be made gastight and
watertight.
(2) Cast iron pipc joints shall bc firmly packcd with oakum
or hcmp and filled with molten load, Fcdcral
specification QQ L 15C, not less than onc inch dccp.
Lead shall bc run in onc pouring and caulkcd tight. No
paint, varnish or othcr coatings shall bc permitted in
thc joint matcrial until after thc joint hao been
tested and approvcd. Rubber joint cast -iron pipe may
be used as an alternate.
(3) All joints iR vitrified clay pipc shall bc madc by
using rubbcr gaskets or performcd factory applied
couplings having rcoilicnt propertics in accordance.
with ASTM Specification C 421 for vitrified clay pipc.
(4) Material for hot poured joints shall not soften
whcn subjected to a tcmperaturc of onc hundred sixty
(160) degrees Fahrcnhcit and shall not bc soluble in
any of thc waatco carricd by thc drainage. system. The
joint shall first bc caulkcd tight with jute., hcmp or
similar approvcd matcrial.
(§,) Other jointing materials and methods may be used only
by approval of the superintendent.
(k) Connection with public sewer. The connection of the
building sewer into the public sewer shall be made at the "Y"
branch, if that branch is available at a suitable location. If
the public sewer is twelve (12) inches in diameter or less and no
properly located "Y" branch is available, thc city shall install
a "Y" >`:`: in the public sewer
br t e
at the location specif'ec11�y"te'' siaper'iriterident . Where the
public sewer is greater than twelve (12) inches in diameter, and
not properly located "Y" is available, a neat hole may be cut
into the public sewer to receive the building sewer ,which cntry
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with no particle greater than one -half (1/2) inch in any
dimension.
(10) Public sewer shall mean a sewer in which all owners of
abutting properties have equal rights and which is controlled by
public authority.
(11) Sanitary sewer shall mean a sewer which carries sewage to
which storm, surface and ground waters are not intentionally
admitted.
(12) Sewage shall mean a combination of the water - carried wastes
from residences, business buildings, institutions and industrial
establishments, together with any ground, surface and storm
waters as may be present.
(13) Sewage treatment plant shall mean any arrangement of devices
and structures or lagoons used for treating sewage presently
owned or afterward acquired by the city.
(14) Sewer shall mean a pipe or conduit for carrying sewage.
(15) Sewerage works shall mean all facilities for collecting,
pumping, treating and disposing of sewage.
(16) Shall is mandatory; may is permissive.
(17) Storm sewer or storm drain shall mean a sewer which carries
storm and surface waters and drainage, but excludes sewage and
polluted industrial wastes.
(18) Superintendent shall mean the oupav______- ___ =__ i or
manager of the sewerage works of the city or its au horized
deputy, agent or representative, as dcaignatcd by the govcrning
authority.
(19) Suspended solids shall mean solids that either float on the
surface of, or are in suspension in, water, sewerage or other
liquids; and which are removable by laboratory filtering.
(20) Watercourse shall mean a channel in which a flow of water
occurs, either continuously or intermittently. (Code 1970, Sec.
20 thru Sec. 41)(1997 -57; 8/14/97)
6 -2 -3. Private sewage disposal
(a) Where permitted. Where a public sanitary sewer is not
available under the provisions of subsection 6 -2 -2 (d), the
building sewer shall be connected to a private sewage disposal
system complying with the provisions of this chapter.
(b) Permit required; application; fee. Before commencement of
construction of a private sewage disposal system, the owner shall
first obtain a written permit signed by the superintendent. The
application for this permit shall be made on a form furnished by
the city, which the applicant shall supplement by any plans,
specifications and other information as are deemed necessary by
the superintendent. A permit and inspection fee of fifty dollars
($50.00) shall be paid to the city at the time application is
filed.
(c) Inspections; approval by superintendent. A permit for a
private sewage disposal system shall not become effective until
the installation is completed to the satisfaction of the
superintendent. He shall be allowed to inspect the work at any
stage of construction, and, in any event, the applicant for the
permit shall notify the superintendent when the work is ready for
final inspection and before any underground portions are covered.
The inspection shall be made within forty -eight (48) hours of the
receipt of notice by the superintendent.
(d) Specifications. The type, capacities, location and layout
of a private sewage disposal system shall comply with all
recommendations of the Department of Natural Resources,
Environmental Protection Division of the State of Georgia. No
permit shall be issued for any sewage disposal system employing
subsurface soil absorption facilities where the area of the lot
is less than fifteen thousand (15,000) square feet. No septic
tank or cesspool shall be permitted to discharge to any public
sewer or natural outlet.
(e) Connection with public sewer. At any time as a public sewer
becomes available to a property served by a private sewage
disposal system, as provided in subsection 6 -2 -2 (d), a direct
connection shall be made to the public sewer in compliance with
this chapter, and any septic tanks, cesspools and similar private
sewage disposal facilities shall be abandoned and filled with
suitable material.
(f) Operation to be at owner's expense. The owner shall operate
and maintain the private sewage disposal facilities in a sanitary
manner at all times at no expense to the city.
(g) Requirements imposed by health officer. No statement
contained in this section shall be construed to interfere with
any additional requirements that may be imposed by the health
officer. (Code 1970, Sec. 20 thru Sec. 43)(1997 -58; 8/14/97)
6 -2 -4. Building sewers and connections
(a) Permit required prior to use. No un- authorized person shall
uncover,make any connection with or opening into, use, alter or
disturb any public sewer or appurtenances thereof without first
obtaining a written permit from the superintendent.
(b) Costs. All cost and expense incident to the connection of
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coririect'ion on
"pecal sittings may
ywhenapproved by the superintendent.
or the
(1) Inspector to be notified. The applicant for the
building sewer permit shall notify the superintendent
when the building sewer is ready for inspection and
connection to the public sewer.
(m) Excavation to be guarded; public property to be
restored. All excavations for building sewer installation shall
be adequately guarded with barricades and lights so as to protect
the public from hazard. Streets, sidewalks, parkways and other
public property disturbed in the course of the work shall be
restored in a manner satisfactory to the city. (Code 1970, 20 -44;
Ord. of 10- 11 -78; Ord. No 79 -2, 1,3- 21 -79; Ord. No 7 -1980,
10 -8 -80; Ord. No. 8 -1980, 10 -8 -80; Ord. No. 3 -1984, 4-5- 84)(1997-
59; 8/14/97)
6 -2 -5. Use of the public sewer.
(a)
all "`:'' ' <h :.;:'' ::::............
Generally. No...�erson... sh........... �::':•. �.• �.• ��.•.'��.:.:.;:. >�:.:•:;::: >;
sc arged any storm water, surface water, groundwater, roof
runoff, subsurface drainage, cooling water or unpolluted
industrial process waters to any sanitary sewer'''
airSOM" air
ewer
(b) Unpolluted drainage. Storm water and all other
unpolluted drainage shall be discharged to those sewers as are
specifically designated as storm sewers or to a natural outlet
approved by the superintendent, Industrial cooling water or
unpolluted process waters may be discharged, upon approval of the
superintendent, to a storm sewer or natural outlet.
(c)
no person
following
(1)
Prohibited discharges. Except as hereinafter provided,
shall discharge or cause to be discharged any of the
described waters or wastes to any public sewer:
Any liquid or vapor having a temperature higher than
one hundred fifty (150) degrees Fahrenheit.
(2) Any water or waste which may contain more than one
hundred (100) milligrams per liter of fat, oil or
greases.
(3) Any gasoline, benzene, naphtha, fuel oil or other
flammable or explosive liquid, solid or gas.
(4) Any garbage that has not been properly shredded.
(5) Any ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, paunch
manure or any other solid or viscous substance capable
of causing obstruction to the flow in sewers or other
interference with the proper operation of the sewerage
works. This provision also includes ground or shredded
paper products.
(6) Any waters or wastes having a ph lower than five and
five - tenths (5.5) or higher than nine (9), or having
any other corrosive property capable of causing damage
or hazard to structures, equipment and personnel of the
sewerage works.
(7) Any waters or wastes containing a toxic or poisonous
substance in sufficient quantity to injure or interfere
with any sewage treatment process, constitute a hazard
to humans or animals or create any hazard in the
receiving waters of the sewage treatment plant.
(8) Any waters or wastes containing suspended solids of any
characters and quantity that unusual attention or
expense is required to handle those materials at the
sewage treatment plant.
(9) Any noxious or malodorous gas or substance capable of
creating a public nuisance, including hydrogen sulfide,
nitrous oxide and sulfur dioxide which should be
limited one m l <';:;;.: ":. }:.: >::>
mi t ed to on g/
(d) Interceptors
(1) Grease, oil and sand interceptors shall be provided
when, in the opinion of the superintendent, they are
necessary for the proper handling of liquid wastes
containing grease in excessive amounts, or any
flammable wastes, sand and other harmful ingredients;
except that those interceptors shall not be required
for private living quarters or dwelling units. All
interceptors shall be of a type and capacity approved
by the superintendent and shall be located as to be
readily and easily accessible for cleaning and
inspection.
(2) Grease and oil interceptors shall be constructed of
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impervious materials capable of withstanding abrupt and
extreme changes in temperature. They shall be of
substantial construction, watertight and equipped with
easily removable covers which, when bolted in place,
shall be gastight and watertight.
(e) Maintenance of interceptors. When installed, all grease,
oil and sand interceptors shall be maintained by the owner, at
his expense, in continuously efficient operation at all times.
(f) Review, approval of certain discharges by superintendent.
(1)
... he
admission into thepublic:::: sewers " "of " "anywat'er " "or" wastes having
(a) A five -day biochemical oxygen demand greater than three
hundred (300) milligrams per liter;
(b) Containing more than three hundred fifty (350)
milligrams per liter of suspended solids;
(c) Containing any quantity of substance having the
characteristics described in subsection (c); or
(d) Having an average daily flow greater than two (2) per
cent of the average daily sewage flow of the city,
shall be subject to the review and approval of the
superintendent.
(2) Where necessary, in the opinion of the superintendent, the
owner shall provide, at his expense, any preliminary
treatment as may be necessary to:
a. Reduce the biochemical oxygen demand to three hundred
(300) milligrams per liter and the suspended solids to
three hundred fifty (350) milligrams per liter;
b. Reduce objectionable characteristics or constituents to
within the maximum limits provided for in subsection
(c) ; or
c. Control the quantities and rates of discharge of any
water or wastes.
(3) Plans, specifications and any other pertinent information
relating to proposed preliminary treatment facilities shall
be submitted for the approval of the superintendent and no
construction of any facilities shall be commenced until this
approval is obtained in writing.
(g) Maintenance of preliminary treatment facilities. Where
preliminary treatment facilities are provided for any waters or
wastes, they shall be maintained continuously in satisfactory and
effective operation by the owner at his expense.
(h) Manholes. When required by the superintendent, the owner
of any property served by a building sewer carrying industrial
wastes shall install a suitable control manhole in the building
sewer to facilitate observation, sampling and measurement of the
wastes This manhole, when required, shall be accessibly and
safely located and shall be constructed in accordance with plans
approved by the superintendent.
(i) Tests, etc. All measurements, tests and analyses of the
characteristics of waters and wastes to which reference is made
in subsections (c) and (f) shall be determined in accordance with
"Standard Methods for the Examination of Water and Sewerage," and
shall be determined at the control manhole provided in subsection
(h) or upon suitable samples taken at the control manhole. In
the event that no special manhole has been required, the control
manhole shall be considered to be the nearest downstream manhole
in the public sewer to the point at which the building sewer is
connected.
(j) Special agreements. No statement contained in this
section shall be construed as preventing any special agreement or
arrangement between the city and any industrial concern whereby
an industrial waste of unusual strength or character may be
accepted by the city for treatment, subject to payment therefor
by the industrial concern. (Code 1970, 20- 45)(1997 -60; 8/14/97)
6 -2 -8. Sewerage service billing, collection and penalties.
(a) Bills for the sewer charge °lull be rendered monthly
(b) If -any bill for sewer
(1997 -61; 8/14/97)
6 -2 -9. Penalties.
(a) Any person found to be violating any provision of this
chapter, except section 6 -2 -6, shall be served by the city with
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written notice stating the nature of the violation and providing
a reasonable time limit for the satisfactory correction thereof.
The offender shall, within the period of time stated in this
notice, permanently cease all violations.
(b) Any person who shall violate the provisions of section
6 -2 -6 of this chapter or who shall continue any violation hereof
beyond the time limit provided for in section 6 -2 -2 hereof or who
shall continue any other violation hereof beyond the time limit
provided for in this section shall be subject to the penalties
provided in section 1 -1 -8 of this code. (Code 1970, 20 -50)
"9
ADOPTED THIS 14th DAY OF August, 1997.
Mayor Walter W. Parker
Clerk of Council
1st Reading: 7/24/97
2nd Reading: 8/14/97
Enacted: 8/14/97
[title6.lap]
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 9 Chapter 1 Section 1 be changed to
read as follows:
9 -1 -1. DEFINITIONS
The following words where used in this title of the Code,
unless the contest requires otherwise, shall be deemed to have
the following meanings:
(1) Administrator: The city trclaourcr:
:;- shall be the administrator for the
icens.ing and regulation of businesses under this
chapter and may be aosiatcd by cmploycca of the cicrk
of council' a officc.
(2) Business: Any business, trade, occupation, profession,
avocation or calling of any kind for gain or profit,
directly or indirectly; provided that this shall not
include any business, trade, profession and the like
licensed by the state unless city licensing is allowed
by state law, nor shall it include any business
operating solely under a franchise granted by the city.
(3) Engaged in business: Any person shall be deemed to be
engaged in business and thus subject to the
requirements of this chapter when he or she performs
any act of selling any goods or services or solicits
business or offers goods or services for sale for
payment in an attempt to make a profit, including the
sales or services of the character as made by a
wholesaler or retailer or involved in any of the
functions performed as a manufacturer, either as an
owner, operator or agent in any business within this
city.
(4) Person: Any person, firm partnership, corporation,
association or group of individuals, or their
representatives, acting as a unit.
State law references -State business licenses, Ga. Code Ann
title 84; city regulation allowed in addition to state
regulation; alcoholic beverages, in part (Title 58);
billiards (84- 1605 - -84- 1607); charity fund raiding
(35- 1011);jewelry auctions (84- 1702); nursing homes
(84- 4910); pawnbrokers (12- 611);pest control
(84- 3414);private security police, in part
(84- 6515);self- service gasoline sales(23- 2713);used auto
parts(84- 4619). (1997 -65; 8/14/97)
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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 9 Chapter 1 Section 6 be changed to
read as follows:
9 -1 -6. RULES AND REGULATIONS
(a) The administrator shall have the power and authority
to make and publish reasonable rules and regulations not
inconsistent with the chapter or other laws of the city and
the state, or the Constitution of this state or the United
States, for the administration and enforcement of the
provisions of this chapter.
of council unlcsc dioapprovcd wit
(c) The -mayor and oouncil may, by rccolution, amcnd the
regulations at any Hilt J. 66; 8/14/97)
ADOPTED THIS 14th DAY OF August, 1997.
Mayor Walter W. Parker
Clerk of Council
1st Reading: 7/24/97
2nd Reading: 8/14/97
Enacted: 8/14/97
[9- 1- 6.hlr]
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 9 Chapter 1 Section 9 be amended to
read as follows:
9 -1 -8. DURATION OF LICENSE; RENEWAL
(a) Any license referred to in this chapter shall automatically
expire on December 31 of the year of its issuance.
(b) Each licensee shall make a written application for renewal
on forms supplied by the administrator no later than January
1 of each calendar year, which application may require
substantially the same information as an initial
application. The renewed license shall be issued or denied
on the same basis as the original with the requirement that
any additional lawful provisions of this Code in effect at
the time of renewal must also be met. (Ord. No. 4 -1984,
4 -5 -84) .
(c) Deliquent license fees. Every person holding a business
license as specified in this article shall secure that
license within thirty (30)t> days after January
first of each year, or on tie cay''o commencing b
usiness if later, and pay for same as herein provided. Failure
to secure the license within the time allocated will result in a
late fee which shall be assessed at ten percent (10 %) of the
value of the license. (1997 -67; 8/14/97)
ADOPTED THIS 14th DAY OF August, 1997.
Mayor Walter W. Parker
Clerk of Council
1st Reading: 7/24/97
2nd Reading: 8/14/97
Enacted: 8/14/97
[9- 1- 8.hlr]
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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 9 Chapter 1 Section 18 be amended to to
read as follows:
9 -1 -18. RIDING DEVICES, PASSENGER VEHICLES FOR HIRE, ETC.;
SPECIAL INSURANCE AND BONDING PROVISIONS.
(a) Generally. Any person, firm or corporation owning or
operating any riding devices, or passenger vehicles for hire,
before being issued a license therefor, shall deposit with the
clerk of council a policy ..of, insurance. agains.t_.personal...injury
and property damage , tb,
with a receipt showing that the premium 'thereon bias "' "een
paid-for the length of time covered by the license, in any
company and in any amount as may be approved by the mayor and
council for the benefit of any person or persons who may be
killed or injured or sustain damage to property by reason of
operation thereof.
(b) Liability insurance for carnival operations. The
following insurance provision of coverage shall be the minimum
requirements applicable to carnival operations, consisting of
riding devices of every kind and description, shows concessions
and appurtenant grounds and that the period to be covered by
these insurance limits shall be the applicable fiscal year of the
municipality, i.e., May 1 to April 30
(1) Public liability $50,000.00 - 100,000.00
(2) Property damage 50,000.00
(3) Excess public liability 50,000.00- 200,000.00
(4) Total limits:
a. Bodily injury 100,000.00- 300,000.00
b. Property damage 50,000.00
(c) Vehicles for hire - Surety bond. In lieu of any policy of
insurance, any person, firm or corporation owning or operating
passenger vehicles for hire, before being issued a license
therefor, shall deposit with the clerk of council a surety bond
in the amount of five thousand dollars($5,000.00) for each
vehicle operated by that person, firm or corporation, signed by
a surety company acceptable to the mayor and council, this bond
guaranteeing the payment of any loss or damage sustained by any
person or persons by reason of the operation of any vehicle, the
exact form of this bond to be approved by the mayor and council.
•
ame -Real estate bond. In lieu of any policy of
insurance and /or any surety bond, any person, firm or corporation
owning or operating a passenger vehicle for hire, before being
issued a license therefor, shall deposit with the clerk of
council a real estate bond in the amount of five thousand dollars
($5,000.00) for each vehicle operated by that person, firm or
corporation, signed by an owner of real estate who holds
merchantable fee simple title to the same and acceptable to the
mayor and councilAUTEMWE that bond guaranteeing the
payment of any loss'' "'c�'r "' damage '` sustained by any person or persons
by reason of the operation of any vehicle, the exact form of the
bond to be approved by the yew &::x` I f
the real estate bond in approved by the mayor ..'and
``
council] the applicant for license shall pay the fee
for recordingof' the bond in the clerk's officein the superior
court of Chatham County, Georgia. (Code 1970, 1V:5)(1997-68;
8/14/97)
ADOPTED THIS 14th DAY OF August, 1997.
Mayor Walter W. Parker
Clerk of Council
1st Reading: 7/24/97
2nd Reading: 8/14/97
Enacted: 8/14/97
[9- 1- 18.hlr]
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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 9 Chapter 1 Section 20 be changed to
read as follows:
9 -1 -20. SALES ON STREETS, STRAND, BEACH OR PARR PROHIBITED.
The city council of the city of Tybee Island, Georgia, has
made the following findings:
(1) That the public beach and streets and parks are public areas
which are open and accessible to all persons.
(2) That the public beach, streets, strand and public parks of
this City are maintained and subjected to reasonable regulation
by this Council in order to promote the health, safety, welfare
and morals of all persons;
(3) That said areas provide a unique area for all persons to
pursue peaceful relaxation and quiet enjoyment in a reasonable
manner;
(4) That it is desirable and necessary to preserve the unique
nature of the areas referred to hereinabove and to protect all
persons who utilize those areas from undue annoyance, disturbance
and inconvenience, and for those reasons, the city council of the
city of Tybee Island states:
(5) It shall be unlawful for any person, firm or corporation to
sell or offer for sale any goods, wares, merchandise or food on
any of the public streets, or on the strand, or on the beach, or
in any public park, or to solicit from any person for the
purchase of any goods, wares, merchandise or food which will:
annoy or bother any person or persons who are pursuing peaceftii:''`'
relaxation and quiet enjoyment within the confines of the city of
Tybee Island, Georgia, or on the Strand, or on the beach located
therein or adjacent thereto. This prohibition shall not be
construed to prohibit the display, offering for sale or sale of
any goods, wares, merchandise or food immediately in front of the
place of business of the seller, provided the seller has a
building from which his business is being operated.
This prohibition shall not be construed to prohibit the Cit
•; :::. •• :•::•iii',
councils : : from the issuance of a temporary permit
to ' allow any such sales at designated times and :places
There ' in the discretion of such g g *.
those sales will not annoy, bother or harass the 61 hens and
visitors of Tybee Island. (1997 -69; 8/14/97)
ADOPTED THIS 14th DAY OF August, 1997.
Mayor Walter W. Parker
Clerk of Council 1st read 7/24/97; 2nd 8/14/97; Enacted 8/14/97
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 9 Chapter 1 Section 21 be amended to
read as follows:
9 -1 -21. LIFE INSURANCE COMPANY LICENSE FEES OTHER THAN LIFE
INSURANCE COMPANIES
(a) Life insurer's license fees. There is hereby levied for
the year 1944NB and for each year thereafter an annual license
fee upon each-life insurer doing business within the city in the
amount of forty dollars ($40.00) for each separate business
location in excess of one not covered by subsection (b), which is
operating on behalf of such insurers within the city there is
hereby levied a license fee in the amount of forty dollars
($40.00). For the purposes of this section, there term "insurer"
means a company which is authorized to transact business in the
class of insurance designated in subsection 1 of O.C.G.A.,
Section 33 -3 -5.
(b) License fee for life insurers insuring certain risks at
additional business locations. For each separate business
location, not otherwise subject to a license fee hereunder,
operated and maintained by a business organization which is
engaged in the business of lending money or transacting sales
involving term financing and in connection with such loans or
sales, offers, solicits or takes application for insurance
through a licensed agent of a life insurer for life insurance,
said insurer shall pay an additional license fee of fourteen
dollars ($11.00) per location for the year 1944E- and for each
year thereafter.
(c)Life insurance agency license fees; independent life
insurance agencies, brokers, etc., not otherwise licensed. There
is hereby levied for the year 198-0 and for each year thereafter
an annual license fee upon independent agencies and brokers for
each separate business location from which a life insurance
business in conducted and which is not subject to the company
license fee imposed by subsection (a) hereof, in the amount of
forty dollars ($40.00) for each such location within the city.
(d) Due date for license fees. License fees imposed in
subsections (a) , (b) and (c) shall be due and parable on the
first day of M-j19_^_ ; : l
Y May r-1-9-8-40 �`:`; and on � >:�:,: °�; 1 of each
subsequent year. (Code... 70.... ] 1 =1�; Ord. No. `7 '1'9' 1 -3, 6,
11 -9 -83)
Editor's note -The editor
nonamendatory Ord. No. 7-
(e) There is hereby
has treated certain
1983 as superseding
levied for the year
sections of
former 9 -1 -21.
199.
and for each
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year thereafter an annual licence fee upon each insurance company
which is not designated as a life insurance company doing
business within the City in the amount of Forty ($40.00) Dollars.
For the purposes of this Section, the term "insurance company"
means a company which is authorized to transact business in any
of the classes of insurance designated in sub- sections 2, 3, 4, 5
and 6 of O.C.G.A. Section 33 -3 -5. (Ordinance #1990 - 21)(1997 -70;
8/14/97)
ADOPTED THIS 14th DAY OF August, 1997.
Mayor Walter W. Parker
Clerk of Council
1st Reading: 7/24/97
2nd Reading: 8/14/97
Enacted: 8/14/97
[9- 1- 21.hlr]
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 9 Chapter 2 Section 21 be amended to
read as follows:
9 -2 -21. APPLICATION FOR LICENSE FOR LIQUOR SALES.
Every person, firm or corporation engaged within the city
limits or that is engaged hereafter, intending to carry on any
one or more such business shall, before engaging or continuing in
said business, file with the mayor and council' an application
for permit or license to conduct and carry on su81i: business; said
application shall set forth the location of the building where
such business is to be conducted. (Ord. No,1 -1985, 2(1), 2- 14 -85)
(1997 -71; 8/14/97)
ADOPTED THIS 14th DAY OF August, 1997.
Mayor Walter W. Parker
Clerk of Council
1st Reading: 7/24/97
2nd Reading: 8/14/97
Enacted: 8/14/97
[9-2-21 . dit]
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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 9 Chapter 2 Section 22 be amended to
read as follows:
9 -2 -22. ISSUAANCE OF LICENSE
(a) The mayor and council' shall grant a license or
permit hereunder when the samenft; found to be in the public
interest and general welfare of the citizens of the city. All
persons, firms or corporations to whom such permit or license
shall be issued shall take such permit or license subject to the
same being revoked at any time as herein provided; such permit
shall not be transferred. Permits or licenses so granted shall
expire at the end of each calendar year, and may be renewed only
in the manner and form as provided in the ordinance for
originally granting permits and licenses. (Ord. 1994 -18; 8/11/94)
(b) The mayor and council , in determining whether or not
any license or permit applied f6f-hereunder shall be granted,
shall consider the following standards as indicative of whether
or not the granting of said license or permit is in the public
interest and general welfare:
(1) The applicant's reputation, character and mental and
physical capacity to conduct a business engaged in the
sale of alcoholic beverages;
(2) The location for which the license is sought as to
traffic congestion, general character of neighborhood,
and the effect such as establishment would have on the
adjacent and surrounding property values;
(3) The number of licenses previously granted for similar
business in the trading area of the place for which the
license is sought;
(4) The proximity of the location of said establishment to
schools, churches, libraries and other public buildings
in the surrounding area;
(5) If applicant is a previous holder of a license to sell
alcoholic liquors, whether or not applicant or his
establishment has violated any law, regulation or
ordinance relating to such business; and
(6) If applicant is a previous holder of a license to sell
alcoholic liquors, the manner in which business was
conducted thereunder requiring unusual police
observation and inspection including the number and
frequency of complaints filed by citizens objecting to
the manner of conducting business at said location.
(Ord. No. 1 -1985, 2(2), 2- 14 -85)
(c) The Mayor and Council may delegate, by resolution, to
to the City Manager, the authority to issue
temporary alcoholic beverage permits for special
events. (Ord. 1996 -36; 12/12/96)(1997- 72;8/14/97)
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 9 Chapter 2 Section 23 be amended to
read as follows:
9 -2 -23. LICENSE FEES.
(a) The license or permit fees which were fixed and adopted
and assessed for the year are hereby affirmed
against every person, firm or corporation engaged in the business
as may be hereinafter defined.
(b) Every person, firm or corporation engaged in, or who
shall offer to engage in, or transact, or offering to transact,
any of the kinds of business provided for in this article, and in
this chapter, shall pay the license fees provided for and
prcviouoly adopncd by ardinancc or liccnoc fcc ochcdulc
(Ord. No. 1-1985, 2 (3) , 2-14-8
ADOPTED THIS 14th DAY OF August, 1997.
Mayor Walter W. Parker
Clerk of Council
1st Reading: 7/24/97
2nd Reading: 8/14/97
Enacted: 8/14/97
[9- 2- 23.dit]
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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 9 Chapter 2 Section 32 be amended to
read as follows:
9 -2 -32. ISSUANCE
(a) The mayor and council shall grant a license or
permit hereunder when the same 6- ound to be in the public
interest and general welfare of the citizens of the city. All
persons, firms or corporations to whom such being revoked at any
time as herein provided; such permit shall not be transferable.
Permits or licenses so granted shall expire at the end of each
calendar year, and may be renewed only in the manner and form as
provided in this article for the ordinal granting of permits and
licenses.
(Ord. 1994 -19; 8/11/94)
(b) The = --_ -_ --- in determining whether or not
any license or permit applied faF hereunder shall be granted,
shall consider the following standards as indicative or whether
or not the granting of said license or permit is in the public
interest and general welfare:
(1) The applicant's reputation, character and mental and
physical capacity to conduct a business engaged in the
sale of malt beverages;
(2) The location for which the license is sought relative
to traffic congestion, general character of
neighborhood and the effect such as establishment would
have on the adjacent and surrounding property value;
The number of licenses previously granted for similar
businesses in the trading area of the place for which
the license is sought;
The proximity of the location of said establishment to
schools, churches libraries and other public buildings
in the surrounding area;
(5) If applicant is a previous
malt beverages, whether or
establishment has violated
ordinance relating to such
holder of a license to sell
not applicant or his
any law, regulation or
business; and
(6) If applicant is a previous holder of a license to sell
malt beverages, the manner in which business was
conducted thereunder requiring unusual police
observation and inspection including the number and
frequency of complaints filed by citizens objecting to
the manner of conducting business at said location.
(Ord. No. 1 -1985, 3(2), 2 -14- 85)(1997 -74; 8/14/97)
ADOPTED THIS 14th DAY OF August, 1997.
Mayor Walter W. Parker
Clerk of Council
1st Reading: 7/24/97
2nd Reading: 8/14/97
Enacted: 8/14/97
[9- 2- 32.dit]
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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 9 Chapter 3 Section's
12,14,31,32,33,34,34,52,55 & 55 be amended to read as follows:
9 -3 -12. REGISTRATION; FEE; APPLICATION FOR IDENTIFICATION CARD.
Any person desiring to peddle, solicit or canvass within the
city shall pay to the city troa3urcr or hia dciignatcd
rcprcocntativc a registration fee as fixed from time to time by
the mayor and council and shall make application with the chief
of police for an identification card which shall show payment of
the registration fee and the days that the registrant has
registered to peddle, solicit or canvass within the city.
(1997 -75; 8/14/97)
9 -3 -14. UNLAWFUL ACTS.
(a) It shall be unlawful for any person to peddle, canvass
or solicit after sundown.
(b) It shall be unlawful for any person to peddle within the
fire zone of the city.
(c) It shall be unlawful for any person to peddle, canvass
or solicit without having registered with the city trca3urcr in
accordance with this chapter or to peddle, solicit or canvass
without having on his person and in his possession an
identification card issued in accordance with this chapter.
(1997 -76; 8/14/97)
9 -3 -31. LICENSE; ISSUED SUBJECT TO REGULATIONS.
All licenses issued authorizing the holder to engage in the
business of renting loats, rubber boats, rafts or
similar g equipment, shall be considered issud' subjeco
the prov%'soris of this article. (Code 1970, Sec 11 -19)
(1997 -77; 8/14/97)
9 -3 -32. SAME; FILING AND APPROVAL OF APPLICATION
All persons applying for a license provided for in section
9 -3 -31 shall first file an application with the city trcaourcr
requesting a license and the gew __-n, ti _dy ".. shall
approve the application after due investigation lieore "'the
issuance of any license. (Code 1970, Sec. 11 -20)
(1997 -78; 8/14/97)
9 -3 -33. SAME; ADVANCE PAYMENT OF FEE
The license fee for the renting of floats, rubber boats,
rafts:: `= "'`'' "` : or similar .equipment for use by the
public... `for' "'... ' fiscal year sl a�:` —be payable on or before the
commencing of any business. (Code 1970, Sec 11 -21)
(1997 -79; 8/14/97)
9 -3 -34. CITY CONTROL OF BUSINESS OPERATION.
(a) Each approved business site shall be located on the sand
?
beach near the end of a public ri ht - o f -wa .......... g .................... y' •:>:;::::;.:::. >.::;:.; >:.:;::.::
)consiSting of no more
ine "r "'feet'" "(5'0'0''' square feet) in which
merchandise for rent will be displayed. In addition to the beach
site, each business location shall include one (1) parking space
for a mobile storage unit displaying a current Georgia license
tag and a Tybee Island Parking Decal and legally parked in a
;'` palter'' space dcaignatcd by Tybcc Inland arking
(Ord. 1994 -30; 12/8/94)(1997 -80; 8/14/97)
9 -3 -35. LIFEGUARD; REQUIRED; QUALIFICATIONS; DUTIES
Any person engaged in the business of renting floats, rubber
boats, rafts,RWOMMOU§ or similar equipment for use by
:::::....... ::
the public, steal •..... •e .fore engaging in —e at'••business' employ and
maintain at all times within the vicinity of the business site,
the services of a swimmer as a lifeguard who is American Red
Cross certified as follows:
1. Emergency Water Safety;
2. CPR;
3. Basic First Aid.
The lifeguard must be approved by the director of the
Lifeguards, city of Tybee Island. The particular duty of the
business' lifeguard shall be to observe all persons renting any
equipment, and to see that those persons use that equipment in a
safe manner, and to go to the aid of any person in distress in
the water.(ORD.# 1990 - 14)(1997 -81; 8/14/97)
9 -3 -52. PERMIT; REQUIRED; PREREQUISITE TO ISSUANCE OF BUSINESS
LICENSE.
No person shall carry on or be engaged in any business as
defined in section 9 -3 -51 until authorized to do so by a permit
granted by the mayor and council.
pe -lrec = -______oaio___- No business license shall be issued to a
professional bondsman until a permit shall have been granted
(Code 1970, Sec. 11- 52)(1997 -82; 8/14/97)
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9 -3 -54. SAME - INVESTIGATION OF APPLICATIONS; PREREQUISITE TO
ISSUANCE.
It shall be the duty of the police eemmiee.iene to
investigate thoroughly all petitions and to verify a'1 statements
and information required by section 9 -3 -53. The police
eemm-i-s-s-i-eneenta shall not recommend the issuance of a permit to
a profession'ai- bondsman unless the petition and accompanying
information shall show clearly that the petitioner is the owner
of real property in the county of a fair market value in excess
of encumbrances, equal to the total of twice the value of all
bonds upon which the petitioner may at any time appear as surety,
plus the amount allowed as exemption under the homestead laws of
this state; provided that a surety company complying with the
laws of this state and having made deposit as required by law to
secure its obligations in this state may act as bondsman under
this title through an agent, acting under a power of attorney, if
such power is properly executed by the surety and all other
provisions of this title have been complied with. (Code 1970,
11- 54)(1997 -83; 8/14/97)
9 -3 -55. SUBMISSION OF LIST OF PROPERTY AND BONDS UPON WHICH THEY
APPEAR AS SURETY; GROUNDS FOR REVOCATION OF LICENSE GENERALLY.
The police ommio shall have the right and
authority at all times to require professional bondsmen to submit
a complete list of their property and of bonds upon which they
appear as surety. In the event these lists disclose
encumbrances, insolvency or the inability of a bondsman to sign
bonds because of an excess of liability over the required assets
of twice the value of outstanding bonds, or in the event any
bondsman shall fail to furnish any lists or shall contain false
information, then the police ccee- ^c- _ne""'" " ..,,.; shall have the
power to recommend the revocation of, and`E —E mayor and council
shall have the power to revoke, the professional bondsman's
license of any licensee. (Code 1970, 11- 55)(1997 -84; 8/14/97)
ADOPTED THIS 14th DAY OF August, 1997.
Mayor Walter W. Parker
Clerk of Council
1st Reading: 7/24/97
2nd Reading: 8/14/97
Enacted: 8/14/97
[9- 3.dit]
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 10 Chapter 1 Section's 3,7 & 9. be
amended to read as follows:
10 -1 -3. SKATEBOARDS REGULATED
No person shall ride a skateboard anywhere in the City
without complying with the terms of this Ordinance.
Skateboards and portable ramps may be used in the following
places and at the following times provided skateboard ramps,
defined as outdoor structures designed and principally intended
to permit persons on skateboards to move continuously from one
side to the other, shall not exceed six feet in height, shall be
portable and shall be removed when not in use:
(a) In the parking lot by the Recreational Building at Jaycee
Park during reasonable hours;
(b) In the 14th Ctrcat Perking Lot, opccifically bctwccn 11th
3trcct and 15th strcct, and during the time of the year whcn
parking mctcr3 have not bccn inctallcd.
Skateboards, without the use of portable ramps and to be
used for travel from one end of the Island to the other, may be
utilized between Highway 80 and 16th Street on Lovell Avenue.
The use of skateboards and /or portable ramps used with them
will not be allowed in an other ublic areas of the city'
Any person violating any of the provisions of this Ordinance
shall be deemed guilty of a misdemeanor and upon conviction
thereof, shall be fined in an amount not exceeding $300.00 or by
imprisonment for a period not exceeding 30 days, or by both such
fine and imprisonment. (1997 -85; 8/14/97)
10 -1 -7. PARKING REGULATIONS
It shall be unlawful to park any vehicle in a No Parking
Zone designated by a No Parkin Sign or a Yellow Line, or within
25 feet of a Fire hydrant.
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10 -1 -9. PEDESTRIAN CROSCWALRC VED
vehicular traffic:
immediately oouth of the intersection of those
otrccts with Butler Acnc. Pcdcotrian cr000walko
westwardly direction from thc cant oidc of Butler
Avcntc to-thc went oidc thcrcof.
Onc (1) from thc nort c s-t corner to thc northwcot
Onc (1) from thc
corncr, and
Onc (1) from- - the
oouthwco-t corncr to thc oouthcaot
oouthca-o -t corncr to thc northcaot
cuotwardly acr000 thc Stra
of thc police station located on thc oouthcrn part
of thc Strand. (Codc 1970, Scc. 19 10)
(1997 -87; 8 /14 /97)Delete
ADOPTED THIS 14th DAY OF August, 199..
Mayor Walter W. Parker
Clerk of Council
1st Reading: 7/24/97
2nd Reading: 8/14/97
Enacted: 8/14/97
[10- 1.dit]
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 1- Chapter 1 Section 21 be amended to
read as follows:
10 -1 -21. DEFINITIONS
(1)
Parking. The standing of a vehicle_:::::::??;;::G.:
upon a street whether fiat vehicle Is occupied
6i. not" - aridwYiether that vehicle be accompanied or not by an
operator for a period of time in excess of two (5)',,
minutes.
( 2) Parking meter or mechanical parking time indicator. A
device which .shall indicate thereon the length of time
during which a vehicle may be parked in a particular
place which shall have as a part thereof a receptacle
or chamber for receiving and storing coins of United
States money, a slot or place in which the coin may be
deposited; a timing mechanism to indicate the passage
of the interval of time during which parking
permissible and which shall also display an appropriate
signal when the aforesaid interval of time shall have
elapsed; also brief instructions as to its operation.
( 3) Parking space, individual or individual parking space. A
portion of the.pavcd.Urfacc on thc Strand or of thc
street' `" ""` < ad Vitg wa :' of sufficient length and depth
from tYic... i'dcwallt, curb or othcrwicc to accommodate a
vehicle to be parked, as shall be specified and markcd off
. �: f::: 6: i:{:::: isii{ v::: k:::::::::. x::::.::.•. v4.' . i:. v::.._:... •_::.::,xv:.iS:ii.3:i.:u:':u:ii i.7 i:au•ti•:
by the
city ?. •
4) Vehicle. Any device in, upon or by which any person or
property is or may be transported upon a public highway,
except those as are used exclusively by human power. (Code
1970, Sec. 19- 16)(ORD. 1992 - 2)(1997 -88; 8/14/97)
ADOPTED THIS DAY OF , 199.
Mayor Walter W. Parker
Clerk of Council
1st Reading: 7/24/97 2nd Reading: 8/14 Enacted: 8/14/97
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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 10 Chapter 1 Section 24 be changed to
read as follows:
10 -1 -24. DESIGNATION OF INDIVIDUAL PARKING SPACES
They "'NWOR Parking Services D c artmcnt :: :
or ot -Or city "'perconncl is authorized and directed''
designate and mark off any individual parking spaces as
it deems proper along the streets within the city
limits for the parking of vehicles. At each place
where individual parking spaces are so markcd
off' each vehicle shall be parked entirely
withn"an individual parking space. (Code 1970, Sec.
19 -19) (ORD. 1992 - 2)(1997 -89; 8/14/97)
ADOPTED THIS 14th DAY OF August, 1997.
Mayor Walter W. Parker
Clerk of Council
1st Reading: 7/24/97
2nd Reading: 8/14/97
Enacted: 8/14/97
[10- 1- 24.hlr]
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 10 Chapter 1 Section 25 be changed to
read as follows:
10 -1 -25. PARKING METERS TO BE INSTALLED
Parking meters shall be upon thc curb aide_c
:-----Iggoggeggeggioggigg or in the immediate VIcinr:EY of
`ncfvdua: parking spaces designated and markcd off in thc
•congco-t d arca where parking is restricted. All such
parking meters shall comply with the conditions set forth in
the definition in section 10 -1 -21(3) and these meters shall
be under the management, supervision and control of the
tarking acrvicca Dcpartmcnt (othcr). (Codc 1970, Scc.
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ADOPTED THIS 14th DAY OF August, 1997.
Mayor Walter W. Parker
Clerk of Council
1st Reading: 7/24/97
2nd Reading: 8/14/97
Enacted: 8/14/97
[10- 1- 25.hlr]
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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 10 Chapter 1 Section 27 be amended to
read as follows:
10 -1 -27. PARKING VIOLATION WHERE NO COIN DEPOSITED; EVIDENCE
All parking is prohibited in any parking space where a meter
is installed which displays...a signal showing that parking is
not permittedor t .t g t ,e .: e,, unless a
deposit of a coin of" `the. proper designated"' amount is made as
herein provided. Any vehicle parked contrary to these
provisions shall be deemed to be an illcgal parking
when the time signal on the parking
meter. ofthe sameshows no parking permitted, unlcaa a
sla
eefi d' prima facie "'evidence "of t e un aw u ' parking of any
motor vehicle by its operator and owner. (Code 1970, Sec.
19 -22) (1997 -91; 8/14/97)
ADOPTED THIS 14th DAY OF August, 1997.
Mayor Walter W. Parker
Clerk of Council
1st Reading: 7/24/97
2nd Reading: 8/14/97
Enacted: 8/14/97
[10- 1- 27.hlr]
Ordinance # 10
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 10 Chapter 1 Section 31 be changed to
read as follows:
10 -1 -31. SLUGS
It shall be unlawful and a violation of the provisions of
this article to deposit or cause to be deposited in any
parking meter, any slug, device or metallic substance, or
any other substitute for a fivc ccnt ($.05) or twenty -five
cent ($.25) coin of the United States. (Code 1970, Sec.
19 -26) (1997 -92; 8/14/97)
ADOPTED THIS 14ht DAY OF August, 1997.
Mayor Walter W. Parker
Clerk of Council
1st Reading: 7/24/97
2nd Reading: 8/14/97
Enacted: 8/14/97
[10- 1- 31.hlr]
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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 10 Chapter 1 Section 32 be changed to
read as follows:
10PARKING SERVICES REPORTS'. `::: ::' ::'
-1-32. PARKI ' �*� �" � �.:...::.:::«:;;<:::::«;;:<;;:::::::; <:::::.::::.::: >:::�; >::. >:.::.
It shall be the duty of the Parking Enforcement
'•in}•:::•:::::•:::vi:•:: •:.�vi::•iii:•:•i:'::•i::v. •: •.•. •::::.�:::::v':::ti4:4'':'Ji }:.: :: }:4,:;:;:t• :}8:: } :: ::: .: ..�:• "iS {,�,��•Mt:i:{{.�:n.p: ::#.{��.'Y1:.?: ii:::': ;:': •; ;4+
aa�� :::i.'•'' r Y::: ::.Y.tii:::
Officers { . �': �:'--- � ...... .......�.....�.�'......."�.�.:� :...:......... .....................�..,......
Recreation Committee (other) to report:(ORD. 1992 2)
hero)
( 1) The number of each parking meter which indicates
the vehicle occupying the parking space adjacent
to any parking meter is or has been parked in
violation of any of the provisions of this
article.
( 2) The state license number of that vehicle; and if
applicable, the city registration number of that
vehicle.
( 3) The time during which that vehicle is parking in
violation of any of the provisions of this
article.
( 4) Any other facts, a knowledge of which is necessary
to a thorough understanding of the circumstances
attending that violation. (Code 1970, Sec. 19 -27)
(1997 -93; 8/14/97)
ADOPTED THIS 14th DAY OF August, 1997.
Mayor Walter W. Parker
Clerk of Council
1st Reading: 7/24/97
2nd Reading: 8/14/97
Enacted: 8/14/97
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 10 Chapter 1 Section 33 be amended to
read as follows:
10 -1 -33. TICKETING VEHICLES EARLY PAYMENT, PENALTY
Each such police officerx or parking enforcement
officer (other) shall attac`to " "a' veiicle 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 instructingthat owner or operator
f.. ' ..,:
to report to any police officer:;;;? or parking
enforcement officer (other) on duty ri "`regaid -to that violation.
Each such owner or operator may, within ten (10) 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 appropriate city personnel. The failure of
that owner or operator to make a full payment within ten (10)
.days shall resultft the issuance of a Parking Citation
Delinquency Notic....which shall demand full payment plus an eight
dollars ($8.00) penalty by a specified payment due date. The
failure of that owner or operator to make said payment will
result in issuance of an Administrative Hearing Notice which
shall demand:
(1) Full Payment:?
ars
citation, or;
(2) The owner's or operator's appearance, on a liven date at
specified time and location
us ten
issued
issued
The failure of that owner or operator to make full .ayment
for all issued citations ... �t. u set a .pt
wall result in the owner or operator
e rigissue dapoend to appear in Recorders Court and subject
to additional court fines and costs. (1997 -94; 8/14/97)
ADOPTED THIS 14thDAY OF August, 1997.
Mayor Walter W. Parker
Clerk of Council
1st Reading: 7/24/97 2nd Reading: 8/14/97 Enacted: 8/14/97
[10- 1- 33.hlr]
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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 10 Chapter 1 Section 34 be changed to
read as follows:
10 -1 -34. COLLECLTION OF COINS
(a) The Mayor and Council
shall designate„. - _ • " " " "'
dcpartmcnt ' I : to collect the coins deposited in
parking me`ers'
.....:.......:
(b) In collecting coins, the persons so designated shall
abide by the following rules:
( 1) The person collecting, counting and transporting
the money from the meters must be accompanied by
two (2) other persons, one of which shall be a
supervisor.
( 2) All collections from parking meters will be made
during regular working hours (designated hours).
( 3) The Police Department will be notified when
collections are being made for security.
( 4) Any violations of these regulations will be cause
for immediate dismissal.
( 5) The control of parking violations will be the
responsibility of the City Manager or Parking
Services Director.othcr3) and inotruction3 for the
Parking Dnforccmcxt Officials (P.D.O.'S) will be
givcn in writing ac to what con3titutc3 a
•
(1997 -95; 8/14/97)
ADOPTED THIS 14th DAY OF August, 1997.
Mayor Walter W. Parker
Clerk of Council
1st Reading: 7/24/97
2nd Reading: 8/14/97
Enacted: 8/14/97
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 10 Chapter 1 Section 36 be changed to
read as follows:
10 -1 -36. PERIOD; CONDITION TO ISSUANCE
(a) The decals shall be issued for a period of no
longer than one (1) year, coinciding with the
city'o calcndar ycar, and with the reservation
that the decals only be distributed upon the
presentation of a current valid automobile
registration of the state, indicating registration
and address from the city and also indicating that
the ad valorem tax thereon has been paid to the
city. Persons whose automobiles are not
registered to a city address may obtain a decal by
purchase, upon payment of a fee set by the
governing body. (Code 1970, Sec. 19 -31) (Ord. 1984
11, 9 -6 -84) (ORD. 1992 -2)
(b) The Mayor shall have the authority to grant courtesy
decals to persons whose automobiles are not registered
in Tybee's taxing district. The Clerk of Council shall
maintain a list of those individuals, and the issued
decals' numbers, to whom the Mayor grants courtesy
decals.(ORD. 1992 -1, 2- 13 -92) (1997 -96; 8/14/97)
ADOPTED THIS 14th DAY OF August, 1997.
Mayor Walter W. Parker
Clerk of Council
1st Reading: 7/24/97
2nd Reading: 8/14/97
Enacted: 8/14/97
[10- 1- 36.hlr]
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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 10 Chapter 1 Section 38 be amended to
read as follows:
10 -1 -38. SAME- -TAX PAYMENT REQUIRED IN PERSON
In order to be eligible to receive a free parking decal a
person must present to the Parking Services
Dcpa_m
tcnt <..,:.. : :::::: ::: : :::lS:e >de ::g " (other) or mail a
copy of currcnt...rcuro rcg otration and ohowing thcrcon the
rv,: plc::•: J,: Y,•;: Y,+•; k.-"^,.,:} Y!^!^• F:•:•:? F,{..•.^. l: T,! v`. 1, QS•:: Sl! y: S, S ,titiS:T:•T,•?, ^,•:!�':::iti•:. -ti. r.......:. .•:'ti•:•::>- ....:::.•:::x:... y ::::::::::::: :: :.- ....-.r,.:
en E s''prood'''' s'presentectot e proper
P
person (''s'•')' one decal will be issued for each paid ad valorem
vehicle receipt. (ORD. 1992 -2) (1997 -97; 8/14/97)
ADOPTED THIS 14th DAY OF August, 1997.
Mayor Walter W. Parker
Clerk of Council
1st Reading: 7/24/97
2nd Reading: 8/14/97
Enacted: 8/14/97
[10- 1- 38.hlr]
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 10 Chapter 1 Section 39 be changed to
read as follows:
10 -1 -39. SAME -- MISUSE OF DECAL FORFEITURE OF FREE PARKING
Should any person or family who has been issued an
automobile decal permitting free parking in accordance
with provisions of this Code fail to attach same to the
automobile as required by section 10 -1 -37 or only
temporarily attach same to their vehicle whereby it is
transferable to the rear window of other vehicles, or
in any other way misuse or abuse the privilege and
rights granted by the free parking decal, then any
owner, person or family shall forfeit that free parking
decal and all of the attendant rights to free parking
thereby afforded, as well as be subject to the general
enalty of section 1 -1 -8.
ADOPTED THIS 14th DAY OF August, 1997.
Mayor Walter W. Parker
Clerk of Council
1st Reading: 7/24/97
2nd Reading: 8/14/97
Enacted: 8/14/97
[10- 1- 39.hlr]
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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 11 Chapter 1 Section 6 and Chapter 2
Section's 1,2 & 3 be amended to read as follows:
11 -1 -6. DISORDERLY CONDUCT
It shall be unlawful to commit any act of
disorderly conduct. Disorderly conduct shall
consist of any act which tends to or creates a
disturbance of the peace and quiet of the public
or community or of any person, class of persons,
or of conduct which tends to cause or provoke a
breach of the peace or corrupt private or public
morals, or which is vile, obscene, degrading or
immoral. Any of these acts of misconduct shall be
punishable even though not committed in public, if
the effect thereof might cause or provoke disorder
or disturbance to the public or persons offended
or affected thereby. Disorderly conduct shall
consist of the additional specific acts:
( 1) Appearing in the streets, sidewalks, beaches,
lanes or in such portions of houses, stores
or homes as to be visible to the public, and
to expose to the public any nudity of the
body as to affect the sensibilities of
members of the public.
( 2) Public drunkenness. Any person appearing to be
under the influence of any intoxicating liquor or
any drug to a degree which renders him a hazard
shall not walk or be upon any public roadway,
street or public right -of -way, including the
public beaches, or upon the property of another
person without consent of that person.
( 3) Sleeping on the streets, beaches or
lanes in parked automobiles or other
parked vehicles while under the
influence or resulting condition of use
of intoxicants or opiates.
( 4) Any act of immorality or indecency
committed in public.
( 5) Throwing
bottles,
'stree
c...a...n....s....., ap....e...r .... ru b
is
es, "Panes' , ''highways
6) Spitting on streets or sidewalks.
7) Cursing, fighting or any loud and
boisterous noises or sounds in
public and which cause public
commotion and disturbance.
8) Any act of which produces
unnecessary stench or odors on any
premises or which creates an
unsanitary condition or affects the
health of the community.
Any person operating a place that
entices or tends to debauch the
morals of the patrons or guests.
Any person operating a place in
which gambling is permitted, or
games of chance are used or played.
(11) Any of the aforementioned acts
committed in any park, square,
beach, church, place of amusement
or place of business shall likewise
be punishable. (Code 1970, Sec. 12-
6) (1197 -99; 8/14/97)
State law reference - Public indecency, Ga.
Code Ann. Sec. 26 -2011.
11 -2 -1. DEFINITION
The following
nuisances:
conditions may be declared to be
Stagnant water on premises;
Any dead or decaying matter, weeds,
vegetation or any fruit, vegetable, animal or
rodent, upon premises which is odorous or
capable of causing disease or annoyance to
the inhabitants of the city;
( 3) The generation of smoke or fumes in
sufficient amounts to cause odor or
1
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annoyance to the inhabitants of the..
city;
4) The pollution of public water or
the injection of matter into the
sewerage system which would be
damaging thereto;
( 5) Maintaining a dangerous or diseased
animal or fowl;
( 6) Obstruction of a public street,
highway or sidewalk without a
permit;
( 7) Loud or unusual noises which are
detrimental or annoying to the
public, including without
limitation unusual loud
disturbances in or around churches
or multiple - family complexes such
as loud music and other activities
in swimming pool and clubhouse
areas;
All walls, trees and buildings that
may endanger persons or property;
Any business or building where
illegal activities are habitually
and commonly conducted in such a
manner as to reasonably suggest
that the owner or operator of the
business or building was aware of
the illegal activities and failed
to reasonably attempt to prevent
such activities;
(10) Refrigerators, stoves and other
household a i
lances°
. di :x::2x: ?�k <:::..::.<:. ^.::'i.;; r.:.:.,.:<.�.:..c +.._ .! c.._ o,±_.:.::. 5:.:. �.:? 4::.? i::: �:. �i. .. :.5i�.:•a:.�n::•:[:r:iu.:.�.i • :.. :.
urie
13,
00; 8/14/97)
(11) Any trees, shrubbery or other
plants or parts thereof, which
obstruct clear, safe vision on
roadways and intersections of the
city; and
(1) Any other condition
constituting a nuisance
under state law.
State law reference - Nuisances, Official Code of Georgia
Annotated Title 41.(June 13, 1991, - 1991 -16)
11 -2 -2. COMPLAINT OF NUISANCE; HEARING
Any official or inhabitant of the city may direct
a complaint of nuisance to the citymarshal- health
officer, who shall investigate
MAM: ::........::.....ate:: »:.::
May pacc tic complaintlicforc c mayor an
council for a hcaring upon thc baoio of thc
invcotigation. The mayor and council, aftcr a
thrcc (3) day writtcn noticc to thc party
finding that a nuioancc doco cxiot, by adopting a
motion to that cffcct, chall isouc an ordcr to thc
owner, agcnt in control of, or tcnant in
to cxiot and that thc nuisancc muot be abatcd
within oo many hours or days ao thc mayor and
council ohall dccm roaoonablc, having
conoidcration for thc nature of thc nuicancc and
ito cffcct on thc public.(1997 101; 8/11/97)
11 -2 -3. ABATEMENT BY CITY
(a) In any case where the owner, agent or tenant
fails to abate the nuisance in the time
specified, or where the owner, agent or
tenant cannot be served with notice, or where
the nature of the nuisance is such, in the
opinion of the mayor an council,
that it must be immediately abated, the'` mayor
and councilaggagaga may issue an order to
the chief of "police di:r'ecting the nuisance to
be abated. The chief of police, in such
case, shall keep a record of the expenses and
cost of abating same, and the costs shall be
billed against the owner, agent or tenant for
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collection as for city revenues.
(b) Other city departments shall assist
the chief of police as is necessary
in abating nuisances
hereunder.(1997 -102; 8/14/97)
ADOPTED THIS 14th DAY OF August, 1997.
Mayor Walter W. Parker
Clerk of Council
1st Reading: 7/24/97
2nd Reading: 8/14/97
Enacted: 8/14/97
[11- 1.dit]
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 11 Chapter 2 Section 4 be amended to
read as follows:
11 -2 -4. OFFENSE; PENALTY
It is hereby declared to be an offense for any
owner, agent or tenant to maintain or allow a
nuisance to exist. Each day a nuisance is
continued shall constitute a separate offense,
iota
ADOPTED THIS 14th DAY OF August, 1997.
Mayor Walter W. Parker
Clerk of Council
1st Reading: 7/24/97
2nd Reading: 8/14/97
Enacted: 8/14/97
[11- 2- 4.dit]
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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,
(1) Title 7 Chapter 2 Section's 1,2,3, be amended to read as
follows:
(2) Title 7 Chapter 2 Section 4 be ADDED as new and to be read as
follows
(3) Title 7 Chapter 4 Section 5 be amended to read as follows:
E -`5'' 'CITYcLiri trato r
TO WORK WITH THE COMMISSION.
m.
MM.
/14/97)
7 -3 -6. POWERED (MOTORIZED) WATERCRAFTS; CONTROL.
It shall be unlawful for any person owning, borrowing,
leasing, or renting a powered (motori.zed).v atercraft to: (1)
ingress or egress the, wat ra :. §14:ra,A?.tig h ° City of Tybee Island
other than at the Municipal Boat ramp on the Back River at
Chatham Avenue, a private residential dock, or a commercial
marina; or (2) approach closer than 1000 feet from the mean high
water mark of the municipal beach extending from the rock jetty
at Nineteenth Street north to the rock jetty at the confluence of
the Atlantic Ocean and the Savannah River at Fort Screven. It
shall be the duty of the lifeguards and /or other city officials
to notify the Coast Guard or the Department of Natural Resources
concerning violations of this section, and where possible, within
the City Limits, the Chief of Police or any law officer shall
have the arresting authority for violators of this
article.(ORD. #1990 -15) The provisions of this paragraph shall not
apply to the use of a powered (motorized) watercraft engaged in
an activity authorized under state law.
(Ord. 1996 -6; 4/11/96) (1997 -63; 8/14/97)
ADOPTED THIS 14th DAY OF August, 1997.
Clerk of Council
Mayor Walter W. Parker
1st Reading: 7/24/97
2nd Reading: 8/14/97
Enacted: R/141./Q/
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 Public Safety; Chapter 2 Fire;
Section 25 be amended to read as follows:
4 -2 -25. Fire on vacant land; prohibited.
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 used ONLY for cooking and /or warmth, and
2) Fire to be built with permission and under supervision
of the property holder, or, if on public
property, must be approved in advance by the
Firc Chicf or his /hcr dccignccCity Manager.
3) There must be an adequate water supply immediately
on hand. (ORD. 1997 -28; 5/1/97)
9'
ADOPTED THIS 14th DAY OF August, 1997.
Mayor Walter W. Parker
Clerk of Council
1st Reading: 7/24/97
2nd Reading: 8/14/97
Enacted: 8/14/97
[4- 2- 25.dit]