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HomeMy Public PortalAbout19970814CCMeeting1 1 1 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 1 1 1 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. 1 1 1 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 1 1 1 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 1 1 1 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 1 1 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 1 1 1;) 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� I �ri wi 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 1 1 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. 1 1 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, 1 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 1 , 19q1. . This is to certify, that in my opinion, the dedication of the streets named and described above is complete. City Attorney 1 1 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 1 1 1 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. 1 1 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 1 1 1 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'..: 1 1 1 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 :� 1 1 1 Ordinance # It is hereby ordained by the governing authority of. the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 4 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] 1 1 1 1 Ordinance # It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 4 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] 1 1 1 1 • Ordinance # It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 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] 1 1 1 1 ee (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. 1 1 1 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] 1 1 1 Ordinance # It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 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. 1 1 1 1 1 1 ( 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 • •i:• i:+ p:• isni} i:: •5:i4iiY.ii:•iii:.: :v ::• }i::i: ........::: iiiiiii .....:::Oiiiiii• is {. .........::i�i:•:•i: :ii: :•::•:::•: :•i:•:ii:•i:.i:•i: {.$.�l •„„„„„,„„„„„„.•::,„:„ :.ii:•::•:>:•i:cxi.�: • :�i'7,. �:: +:jiJ; ..'::• :ii:• ::::•: : L.•:::.::.`•i>,vji v::::tititifi •::•:•::•:•i:•i: }: vi: : iii.:•:•iiiiiip: :: :: :„E,'7„� .......:• :.1..:..•�Vi.., }.•L•. }:.i:•: "r•Y •ry }: ' ..::.•:.y'.: •SGY ::if•i% ::::ii.'' f ••::�::::: �::: n6•:.•.�: nom::::: '.;..:J:::i:•,:$:::;'••' • •T :. r,•i ?:::::' : '••• :i: :,i....w'.s...�..i. ... ... . h.. .. ...IJ,Y.it.4Y •.�:ii:•:• ::..,..�::. �:: �. �:::::::::. • �! q..iy ...(. ••: :4:t:. ': :: '':i.A4•:i'1.::'• }:.1:Jl.:F �•:.�: :#:: �::::.: •.�::::::::: • - : •. •.i i';• • : :i ?i: : •.. .• . :. ., .. �:::::: �•, � ,.,,b,..,.,^,.,.,1.,,:x :::::::: ..: x:: :. '• •''i'l. Y. :: ifuC•: ''.::'•:::��� �'i.�:•AL•:::��. „. . „. „. y.•' % :'. ..: ?i:J::•ii:ti ?::: :'' r't•}:N ::'•.4' '.'• ' i:•:}: tiiSi .:•::•:•:v.:ti{.•:.•:•S.•.':•:• •".�5 :.•ate: :: "':: :1f. ::• ':' '•'' .:% ti.: �iiiii :�iitib:O:ti'�.•:i•:�.•:•:•. '•• :" 'liii(i.i k�: �••'.•• �^' •:.•'.•'.•.• �:.•:•'.•:.:. }:•:i• }:titiS: {- .,(. �,•. •-•�j+�y� r} ..................... IONNIC per' :::'viy.',�.:iC: ....:::i8:•ii:i +.• �;:•ii:•ii:: :• ::: {.:::Y: ::.:. .:. :- ?i� :•i:.ii:.•.; •�:•:•: ^::•::• yzy ....::: ^ii: ?4i::!•::•i:• } :itiir ............ �::..w. �'r.,�:.,v.•,•,„,.•,•. 1 1 1 1 . . . . . . .... . . e e • 4, ....• e. ee. • ee..• e. e ..• e e e . • •:......:•.•:•:•:•:::•.4:ee*:•::•...!•:•:•:•:•:•:•:•:. :......:•....,..:„..:„ •:•:•:.::::„..4.4 4:•• • Inn • • • • . .. MO .:.:„.„..VKL„..:•:•:•:•:•:„...:: : .."• •. '' . :. ......... '' . . ....,..,.. nie•-•-••••• • ..........- : . • • • .ope 6 . .......... . .. . . ( 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) 1 1 1 1 1 1 (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, 1 1 1 1 1 1 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 1 1 1 1 1 1 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 1 1 1 1 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 1 1 1 1 1 1 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 1 1 1 1 1 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) 1 1 1 1 1 1 Ordinance # It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 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] 1 1 1 1 1 Ordinance # It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 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] 1 1 1 1 1 Ordinance # It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 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 1 1 1 1 1 1 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] 1 1 1 1 1 1 Ordinance # It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 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] 1 1 1 1 1 Ordinance # It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 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] 1 1 1 1 1 Ordinance # It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 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) 1 1 1 1 1 1 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. 4r9 • 1 1 1 1 1 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 1 1 1 1 Ordinance # It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 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. 19 20)9 • 8/14/9'0 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] 1 1 Ordinance # It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 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] 1 1 1 1 1 Ordinance # It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 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] 1 1 1 1 Ordinance # It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 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] 1 1 1 1 Ordinance # It is hereby ordained by the governing authority-of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 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] 1 1 1 1 1 Ordinance # It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 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 ( 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 1 1 1 1 1 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] 1 1 1 1 1 1 Ordinance # It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, (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]