HomeMy Public PortalAbout20210225Packet.pdfMAYOR CITY MANAGER
Shirley Sessions Dr. Shawn Gillen
CITY COUNCIL CLERK OF COUNCIL
Barry Brown, Mayor Pro Tem Jan LeViner
John Branigin
Jay Burke CITY ATTORNEY
Nancy DeVetter Edward M. Hughes
Spec Hosti
Monty Parks
CITY OF TYBEE ISLAND
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
A G E N D A
REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL
February 25, 2021 at 6:30 PM
Please silence all cell phones during Council Meetings
Consideration of Items for Consent Agenda 6:30PM
Opening Ceremonies
Call to Order
Invocation
Pledge of Allegiance
Announcements
Recognitions and Proclamations
1. Jan Will - Historic Preservation Commission
2. Proclamation: Supermarket Employee Day, February 22, 2021
Consideration of the approval of the minutes of the meetings of the Tybee island City Council
3. Minutes, February 11, 2021, City Council Meeting
Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10
minutes.
4. Virginia Ward, Board President, Tybee Island Post Theater
If there is anyone wishing to speak to anything on the agenda other than the Public Hearings,
please come forward.
Consideration of Approval of Consent Agenda
Consideration of Bids, Contracts, Agreements and Expenditures
5. Purchase of Property: Davis Cohen, Unopened Portion of 5th Street
6. Crowder Gulf Contract Renewal, Disaster Recovery and Debris Management
7. FEMA Pre-Disaster Mitigation Assistance Award
8. Award of ITB 20221-758, Lighthouse Area Sewer, $1,242,500, Southern Champion
Construction, Inc.
9. Strand Promenade and South End Bathrooms
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Consideration of Ordinances, Resolutions
10. First Reading, 2021-04, Parking Ordinance
11. First Reading, 2021-05, Noise Ordinance First Reading
12. First Reading, 2021-06, Administrative Fines
13. First Reading, 2021-07, Code Review, Chapter 2, Administration
14. Resolution: 2021-03, Establish a Franchise Fee Applicable to Holders of Cable and Video
Franchises Issued by the State of Georgia
15. Resolution 2021-04, To accept a FEMA Pre-Disaster Mitigation Award
Council, Officials and City Attorney Considerations and Comments
16. Bubba Hughes: Article VII of Appendix A - Land Development Code "Tree Removal
Regulations", Sec 7-040
17. Monty Parks: Sec 22-169(b) - Building Waste - Accumulations Prohibited
18. Shawn Gillen: Alcohol Workgroup Recommendations
19. Shawn Gillen: Action Item List
Executive Session
Discuss litigation, personnel and real estate
Possible vote on litigation, personnel and real estate discussed in executive session
Adjournment
Individuals with disabilities who require certain accommodations in order to allow them to observe and/or
participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are
required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations
for those persons.
*PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings,
should do so during the citizens to be heard section. Citizens wishing to place items on the council
meeting agenda must submit an agenda request form to the City Clerk’s office by Thursday at 5:00PM
prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City
Hall and at www.cityoftybee.org.
THE VISION OF THE CITY OF TYBEE ISLAND
“is to make Tybee Island the premier beach community in which to live, work, and play.”
THE MISSION OF THE CITY OF TYBEE ISLAND
“is to provide a safe, secure and sustainable environment by delivering superior services through responsible
planning, preservation of our natural and historic resources, and partnership with our community to ensure
economic opportunity, a vibrant quality of life, and a thriving future.”
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File Attachments for Item:
3. Minutes, February 11, 2021, City Council Meeting
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City Council Synopsis, February 11, 2021
Consideration of Items for Consent Agenda
Mayor Sessions called the Consent Agenda to order at 6:30PM. Those present were Jay Burke,
Monty Parks, John Branigin, Barry Brown, Nancy DeVetter and Spec Hosti. Also attending were
Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; Tracy O’Connell, Assistant City
Attorney; George Shaw, Director, Community Development; Jen Amerell, Finance Director, and
Janet LeViner, Clerk of Council.
Mayor Sessions listed the following items on the consent agenda:
Minutes: City Council Meeting, January 28, 2021
Mayor Sessions called the regular meeting to order. All those present for the consent agenda
were present.
Opening Ceremonies
Call to Order
Invocation: Jan LeViner, Clerk
Presentation of Colors and Pledge of Allegiance
Mayor Sessions recognized Bubba Hughes for 28 years with the City with a Certificate of
Appreciation and gift cards. Mr. Hughes thanked everyone.
Citizens to be Heard.
Judith Fabian, Dogs on Beach. Was not in attendance
John Branigin made a motion to approve the consent agenda. Monty Parks seconded. Vote
was unanimous to approve, 6-0.
Public Hearings
Site Plan: approval for a gazebo/water craft rental on the north side of the Hwy 80
Bridge – 2101 Hwy 80 – 40024 02001 – Zone M-D – Patrick Mathews. George Shaw
approached Mayor and Council and stated Mr. Matthews owns the property on both sides of
Highway 80, Lazaretto Creek Bridge, and the shrimp docking facility is on the south side. On the
north side is a boat dock and small beach area on the river. He would like to add a gazebo/kayak
building on the north side. Mr. Shaw continued, parking will be on the south side and patrons
will walk under the bridge to get to the gazebo. Staff and Planning Commission recommended
approval unanimously. Mayor pro tem Brown asked if they will continue to use the septic system
for their bathrooms. Mr. Shaw responded no, they will have a portlet. Bill Walsh approached
Mayor and Council to speak in favor of this request and the petitioner. Barry Brown made a
motion to approve. Monty Parks seconded. Vote was unanimous to approve, 6-0.
Consideration of Local Requests & Applications – Funding, Special Events, Alcohol
License
Agenda Request: Coco's Tybee Island LLC dba Coco's Sunset Grille: Alcohol and
Entertainment License; Liquor/Beer/Wine/Sunday Sales. George Shaw approached
Mayor and Council and stated this is not a renewal but a change in ownership. The new owner
is requesting the same type license as previous owner. Mayor pro tem Brown asked if the new
owners have bought the property on both sides of Coco’s. Mr. Shaw responded he is not aware
of real estate transactions. Don McGraw, petitioner, approached the podium. Mr. McGraw
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explained entertainment would be inside the establishment and not outside. Monty Parks made
a motion to approve. Jay Burke seconded. Vote was unanimous to approve, 6-0.
Consideration of Bids, Contracts, Agreements and Expenditures
Water/Sewer Utility Rate. Dr. Gillen approached Mayor and Council to give a short
background of this agenda item. He stated this item came out of the Master Planning process
and Carrying Capacity Study that was done via a grant. The grant money also paid for a rate
study to be completed. This study was completed and recommendations submitted. Among
those recommendations were a new well and treatment plant. Mr. Gulbronson has put together
a 5-year CIP which was before the Infrastructure Committee for their recommendations. Jen
Amerell, Director of Finance, approached Mayor and Council. Ms. Amerell submitted a
memorandum in the packet before them tonight and asked if there were questions. She
continued, the City is at a point where we need to implement a utility rate increase. Currently,
the City is using the Water/Sewer Fund balance to balance their budget and there are major
projects that need to be done. After reviewing the budget, rate changes possibilities, financial
statements and CIP and has crafted a plan. In this way they can address the needs of the
infrastructure and meet operating costs. Ms. Amerell stated she is proposing changing the overall
structure of the utility billing as well as the rates. She is proposing to add a premium to the heavy
users during the summer months. Mr. Parks made reference to discussions that were held in the
fall of 2020. Ms. DeVetter asked if the fixed rate is the base and the variable is based on the
consumption. Ms. Amerell confirmed. Ms. DeVetter asked if is her recommendation to keep the
commercial rate and residential rate the same. Ms. Amerell responded in the affirmative. Mayor
pro tem Brown expressed his concerns with STVR’s who accommodate 10 or more guests as he
feels that rate should be higher and can it be separated. Ms. Amerell stated this was considered
but it is extremely hard to separate from residential. They are looking at not only peak season
as well as over 5,000 gallons, i.e., if you are using over 5,000 gallons during the peak season
they will pay a premium. Ms. DeVetter thanked Ms. Amerell for bringing to Mayor and Council as
this topic has been on the table for discussion for a very long time. Ms. Amerell explained there
is $50,000 annually to replenish fund balance as well as $2.5M work that needs to be done each
year. She continued, each year the City will need to look at smaller increases but continuous
increases over the next few years. Mr. Parks asked Mr. Gulbronson if the $2.5M will be annually
for the future. Mr. Gulbronson confirmed. He then asked if we could apply for a GEFA loan and
thanked Ms. Amerell for taking on this project. Dr. Gillen confirmed the City will look to finance
options for future projects associated with water/sewer. Mayor pro tem Brown made reference
to a past rate study by Hussey, Gay and Bell recommending the rate increases each year. Ms.
Amerell stated she has read the most recent Study and confirmed with Mayor pro tem Brown if
their recommendations had been implemented the City would not be in a difficult place. Dr. Gillen
stated as projects were not being done to upgrade the infrastructure, there are now major repairs
that need to be done which is why the fund balance is short. Mayor Sessions confirmed the
recommended actions as proposed by Ms. Amerell’s memo:
Approve proposed fixed rate structure effective fiscal year 2022
Approve proposed variable rate structure effective fiscal year 2022
Approve proposed fixed rates effective fiscal year 2022
Approve proposed variable rates effective fiscal year 2022
And the next steps:
Communicate to public proposed
Problem solve potential conflicts
Clean-up and set-up new utility structure in conjunction with new software
Complete fund balance policy
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Dr. Gillen asked Mayor and Council when they would like Staff to meet with the public and
schedule a comment period. Mr. Burke recommended Dr. Gillen have a plan moving forward.
Dr. Gillen recommended he would have Ms. Amerell send information/recommendations to Mayor
and Council by the end of March 2021. This will give the public ample time for comments. Mr.
Branigin supports making the public aware of expenses but the key issue is the City is not covering
expenses now. He stated this is unacceptable. Dr. Gillen responded the City is covering their
operations expenses but there is no extra funds for capital projects. Mr. Parks suggested doing
a comparison with other municipalities when doing public meetings. Dr. Gillen confirmed. He
asked Mayor and Council when they would like it on the agenda to review recommendations.
Mayor Sessions confirmed this is To come back to Mayor and Council, April 8, 2021.
Consideration of Ordinances, Resolutions
Second Reading: 2021-02, Septic to Sewer. Monty Parks made a motion to approve.
Spec Hosti second. Vote was unanimous to approve, 6-0.
Council, Officials and City Attorney Considerations and Comments
Barry Brown would like to discuss the Extension to the YMCA Building and possible
location for modular classroom for Tybee Island Maritime Academy (TIMA) as he would
like it on the agenda for the next meeting. Mayor pro tem Brown recommended putting an
extension on the YMCA building toward the Tybee Island Fire Station near the bike path. He then
addressed the modular classroom location which would be a temporary situation, he would like
to recommend to the right of the cemetery in Memorial Park until an additional to the Old School
can be built. Dr. Gillen stated a discussion was held previously but has not moved further with
the City’s standpoint. Mayor pro tem Brown would like to move forward. Mr. Parks agreed with
adding a two story addition to the back of the Exercise Room which gives the City an opportunity
to move the activities that are in the Old School Building out and provides them better space and
the YMCA new offices. This would be funded by E-SPLOST. Mr. Parks would like to consolidate
the activities for the YMCA and a building at the end of the existing building would do this. Mayor
pro tem Brown confirmed. Mr. Burke asked if there are funding opportunities other than the
residents paying for the construction. Mayor pro tem Brown stated TIMA is paying for everything
associated with the modular classroom and not the taxpayers. Mr. Parks stated discussions were
held previously with former Mayor Buelterman. Dr. Gillen stated his next step is to get some sort
of design of an addition to the YMCA and a cost estimate. This will give Mayor and Council an
opportunity to move forward or not. Mayor pro tem Brown clarified the modular classroom space
will be used for the upper grades, 6th, 7th and 8th. Ms. DeVetter would like TIMA to submit a plan:
when, where and how much is expected of the City. Mr. Hosti reminded Mayor and Council there
are historic buildings that need attention as they should be thinking of that. Mr. Parks agreed
with Ms. DeVetter regarding a plan moving forward. He recommended Dr. Gillen meet with
Greenline for a preliminary cost. Dr. Gillen will meet with the YMCA for sq. footage needed and
then meet with Greenline. Mr. Parks asked Mr. Hughes if we have all the agreements between
TIMA and the City. Mr. Hughes confirmed as there was an update Agreement in 2019. The
YMCA has control of the pods that were going on and there is an agreement for TIMA to use the
old Tybee Island Emergency Management Room and the Archive Room in the Old School Building.
Mayor Sessions stated Dr. Gillen is to meet with TIMA regarding the modular classroom; there
would be a Special Review to allow TIMA to put a modular classroom in Memorial Park; and meet
with the Director of the YMCA to discuss needed space; and meet with Greenline for simplistic
plans and costs. She ensured the residents the use of the YMCA will not change, classes will
continue as well as use of the exercise equipment. Dr. Gillen will come back to Mayor and Council
with recommendations.
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Nancy DeVetter stated the Tree Ordinance was amended to prohibit people from clear cutting.
Developers are not following the permits given and it recommended the City monitor tree removal
and to add prohibitions to those who do not follow the Ordinance: Sec 7-050 - Tree Removal
Requirements and Sec 7-090 - Penalties for unlawful tree removal. She is
recommending those that violate the ordinance be prohibited from obtaining further permits for
a certain amount of time. Dr. Gillen responded he would recommend a threshold as to the
amount of trees to be taken down for Staff to monitor. Mr. Shaw recommended over three (3)
trees. Mayor Sessions stated the intent is to see what has happened recently where developers
come in, get a permit for ten (10) trees, and then they take down over that amount. The problem
is how to stop that from continuing. She also recommended Code Enforcement be on site when
the trees are taken down. Mr. Hughes stated that within a three (3) year period there have been
two (2) or more violations by the applicant, future permits can be denied. There is not a window
on how long you can do this. He is working on amending the current ordinance and will bring
back to Mayor and Council. Mr. Branigin asked Mr. Hughes, rather than prohibiting someone
from obtaining a building permit after a violation, could the City revoke their existing building
permit? Mr. Hughes responded that would be difficult and would have to be a situation where
the court in addition to imposing the fine, as part of the courts punishment, restricting any building
on the property for a given period of time. Mayor Sessions stated the intent of the proposed
ordinance is not to prohibit someone building their retirement home but to protect the canopy.
Mr. Parks confirmed with Mr. Shaw the threshold would be up to five trees before Staff would
monitor the tree removal. Dr. Gillen confirmed. Mr. Hughes stated one of the issues is for those
who do not apply or have a permit and trees are taken down. This would not trigger Staff to be
on site.
Nancy DeVetter stated she would like to discuss the Marijuana Possession as City
Ordinance Violation. Dr. Gillen stated Chief Bryson is in agreement with a proposed ordinance.
In the past a violation was an ounce or less. He continued, if you have an ounce or less of
marijuana, there is no punishment or consequences for that action. Mr. DeVetter is making the
possession a non-criminal violation and issue a ticket. Ms. DeVetter stated this is what other
municipalities in Georgia are doing. Mr. Branigin asked if someone gets caught with no other
significant offense how do you test. Dr. Gillen responded, there is no test. Mr. Branigin asked
how the officer can issue a violation if there is no test. Dr. Gillen stated if officers can smell the
marijuana, write an administrative citation, and are fined. SGT Hattrich, TIPD, approached Mayor
and Council to give a brief outline of current procedures when a person is arrested for possession.
Mr. Parks recommended Mr. Hughes research and bring recommendations to Mayor and Council.
Ms. DeVetter stated she has been in discussions with the District Attorney, Savannah, as they are
working on a policy to address this situation. Mr. Hughes stated it will be helpful to have the
policy from the District Attorney’s Office once that is complete. He will reach out to them.
Spec Hosti made a motion to adjourn to Executive Session to discussion Litigation and Real
Estate. Monty Parks seconded. Vote was unanimous to approve, 6-0.
Monty Parks made a motion to adjourn to Regular Session. Spec Hosti seconded. Vote was
unanimous to approve, 6-0.
Spec Hosti made a motion to adjourn. John Branigin seconded. Vote was unanimous to
approve, 6-0.
Meeting adjourned at 9:15PM.
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______________________________
Janet R. LeViner, MMC
Clerk
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File Attachments for Item:
5. Purchase of Property: Davis Cohen, Unopened Portion of 5th Street
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File Attachments for Item:
6. Crowder Gulf Contract Renewal, Disaster Recovery and Debris Management
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Disaster Recovery & Debris Management
Contact Information
DISASTER ADMINISTRATION OFFICE (DAO)
5629 COMMERCE BOULEVARD EAST
MOBILE, ALABAMA 36619
24 Hours / 7 Days a Week
800-992-6207 Phone
251-459-7433 Fax
In the event of activation please contact the Disaster
Administration Office (DAO) first 800-992-6207
Please ask for Ashley Ramsay-Naile.
Official Notices should be sent to
DAO address, DAO fax or jramsay@crowdergulf.com
John Ramsay
Executive Chairman
Ashley Ramsay-Naile
President
646-872-1548 Cell
jramsay@crowdergulf.com
John Campbell
Regional Director
859-963-8672 Cell
jcampbell@crowdergulf.com
Barrett Holmes
Regional Manager
864-569-6611 Cell
bholmes@crowdergulf.com
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File Attachments for Item:
7. FEMA Pre-Disaster Mitigation Assistance Award
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File Attachments for Item:
8. Award of ITB 20221-758, Lighthouse Area Sewer, $1,242,500, Southern Champion
Construction, Inc.
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February 10, 2021
Mr. Shawn Gillen
City of Tybee Island
403 Butler Street
Tybee Island, GA 31328
RE: 2021-758
LIGHTHOUSE AREA SEWER
Recommendation of Award
Dear Mr. Gillen:
This letter serves as our recommendation of award of a construction contract for the
referenced project.
After legal advertisement on the City’s website and State Procurement page, sealed bids
were received at City Hall until 2:00 p.m., Tuesday, February 9, 2021 and were then publicly
opened and read aloud.
Four bids were received with two bids considered responsive. We have reviewed the
responsive bids, checked the line item prices for any errors, and have prepared the attached bid
abstract for the project. The apparent low bidder was Southern Champion Construction, Inc. with
a total base bid of $413,346.00.
We are familiar with Southern Champion having worked with them on previous projects.
They have a history of successfully completing projects of this scale and complexity. We have
checked the State of Georgia - Suspended and Debarred Suppliers list on the Georgia
Department of Administrative Services website to determine the debarment status of the
company and the low bidder is not on the list. We therefore recommend award of a construction
contract to Southern Champion Construction, Inc. as the lowest responsive, responsible bidder to
include the base bid with alternatives in the amount of $413,346.00.
Should you have any questions, please do not hesitate to call.
Sincerely,
THOMAS & HUTTON
A. Christopher Stovall, P.E.
ACS/dc
Enclosures
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c:\windows\temp\tmp84c6.tmp
City of Tybee Island
Memorandum
To: City of Tybee Island City Council Members
From: Pete Gulbronson, City Engineer/Director of Infrastructure
Date: February 11, 2021
Re: Award of ITB 2021-758: Lighthouse Area Sewer
Background
The purpose of this project was to remove and replace the failing sanitary sewer in the
lighthouse area. The new sewer will be installed within City right of ways and the existing sewer
that runs through backyards will be abandoned in place. The City advertised for bids and bids
were opened on February 9, 2021 at 2:00 P.M.
Overview
The City received four (4) bids but only two (2) bids were opened due to two bidders not
acknowledging the addendum that was issued for the ITB. The bids were opened and read aloud
and the apparent low bidder was Southern Champion Construction, Inc.
Summary
Funding for this project was in the FY 2021 Capital Improvement Program under Account Number
505-4350-54-1400, Infrastructure. This Account Number had a budget of $1,242,500 for various
Infrastructure projects and there is still $637,525 left in the budget for remaining projects.
Recommended Next Steps:
I would recommend awarding the bid to Southern Champion Construction, Inc. in the amount of
$413,346.00.
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00313-3
MOBILIZATION/DEMOBILIZATION, CLEARING, GRASSING, EROSION CONTROL, AND TRAFFIC CONTROL
Item Description Quantity Units Unit Price Total Unit Price Total
1 Mobilization/Demobilization 1 JOB 50,000.00$ 50,000.00$ 22,000.00$ 22,000.00$
2 Clearing 1 JOB 3,000.00$ 3,000.00$ 5,000.00$ 5,000.00$
3 Grassing 1 JOB 500.00$ 500.00$ 2,500.00$ 2,500.00$
4 Erosion, Sedimentation, and Pollution Control 1 JOB 4,000.00$ 4,000.00$ 7,000.00$ 7,000.00$
5 Traffic Control 1 JOB 500.00$ 500.00$ 5,000.00$ 5,000.00$
$ 58,000.00 $ 41,500.00
6 4" PVC Sewer Lateral ASTM D3034, SDR 26 88 LF 150.00$ 13,200.00$ 25.00$ 2,200.00$
7 8" PVC Gravity Sewer ASTM D3034, SDR 26 (0 - 6' Deep) 50 LF 175.00$ 8,750.00$ 126.00$ 6,300.00$
8 8" PVC Gravity Sewer ASTM D3034, SDR 26 (6' - 8' Deep) 13 LF 175.00$ 2,275.00$ 250.00$ 3,250.00$
9 10" PVC Gravity Sewer ASTM D3034, SDR 26 (6' - 8' Deep) 118 LF 200.00$ 23,600.00$ 181.00$ 21,358.00$
10 10" PVC Gravity Sewer ASTM D3034, SDR 26 (8' - 10' Deep) 76 LF 200.00$ 15,200.00$ 210.00$ 15,960.00$
11 12" PVC Gravity Sewer ASTM D3034, SDR 26 (6' - 8' Deep) 354 LF 225.00$ 79,650.00$ 190.00$ 67,260.00$
12 12" PVC Gravity Sewer ASTM D3034, SDR 26 (8' - 10' Deep) 79 LF 225.00$ 17,775.00$ 220.00$ 17,380.00$
13 12" PVC Gravity Sewer ASTM D3034, SDR 26 (12' - 14' Deep) 104 LF 225.00$ 23,400.00$ 225.00$ 23,400.00$
14 4" Dia. Cleanout 3 EA 2,000.00$ 6,000.00$ 500.00$ 1,500.00$
15 4' Dia. Manhole (6' - 8' Deep)4 EA 12,000.00$ 48,000.00$ 12,000.00$ 48,000.00$
16 4' Dia. Manhole (12' - 14' Deep)1 EA 24,000.00$ 24,000.00$ 55,000.00$ 55,000.00$
17 Abandon Existing 6" Gravity Sewer and Fill with Flowable Fill 89 LF 5.00$ 445.00$ 11.00$ 979.00$
18 Abandon Existing 8" Gravity Sewer and Fill with Flowable Fill 201 LF 6.00$ 1,206.00$ 11.00$ 2,211.00$
19 Abandon Existing 10" Gravity Sewer and Fill with Flowable Fill 565 LF 7.00$ 3,955.00$ 11.00$ 6,215.00$
20
Cut and Plug Existing 4" Sewer Lateral with 4" D.I.R.J. Plug. Connect Existing
Sewer Lateral to Proposed 4" Sewer Lateral upon Completion of Sewer
Installation.
1 EA 5,000.00$ 5,000.00$ 2,000.00$ 2,000.00$
21 Cut and Plug Existing 6" Sewer Lateral with 6" D.I.R.J. Plug. Connect Existing
Sewer Lateral to Manhole upon Completion of Sewer Installation.1 EA 5,000.00$ 5,000.00$ 2,000.00$ 2,000.00$
22
Cut and Plug Existing 6" Sewer Lateral with 6" D.I.R.J. Plug. Connect Existing
Sewer Lateral to Gravity Sewer Main upon Completion of Sewer
Installation.
1 EA 5,000.00$ 5,000.00$ 2,000.00$ 2,000.00$
23 Connect 8" Sewer to Existing Manhole 1 EA 5,000.00$ 5,000.00$ 4,000.00$ 4,000.00$
24 Connect 10" Sewer to Existing Manhole 1 EA 5,000.00$ 5,000.00$ 5,500.00$ 5,500.00$
25 Connect 12" Sewer to Existing Manhole 1 EA 7,000.00$ 7,000.00$ 5,500.00$ 5,500.00$
26 Rehabilitate Manhole - Clean and Coat Existing Manhole 3 EA 4,000.00$ 12,000.00$ 6,500.00$ 19,500.00$
27 Remove and Replace Existing Manhole 1 EA 7,000.00$ 7,000.00$ 14,500.00$ 14,500.00$
28 Remove Existing Manhole 6 EA 1,600.00$ 9,600.00$ 2,500.00$ 15,000.00$
29 Fittings 67 LBS 30.00$ 2,010.00$ 175.00$ 11,725.00$
30 Temporary Access Road 63 SY 40.00$ 2,520.00$ 75.00$ 4,725.00$
31 Remove and Replace Existing Asphalt Pavement 169 SY 100.00$ 16,900.00$ 200.00$ 33,800.00$
32 Remove and Replace Existing Gravel Road 52 SY 30.00$ 1,560.00$ 75.00$ 3,900.00$
33 Remove and Replace Existing Concrete Walkway 7 SY 100.00$ 700.00$ 301.00$ 2,107.00$
34 Remove and Replace Existing Fence 200 LF 16.00$ 3,200.00$ 7.00$ 1,400.00$
35 Remove and Replace Benches 2 EA 200.00$ 400.00$ 350.00$ 700.00$
355,346.00$ 399,370.00$
413,346.00$ 440,870.00$
YES
YES
YES
Acceptance of Addendum
Bid Bond
This is a true and correct Abstract of Bids received on
February 9th, 2021 at 2:00 p.m.
Chris Stovall, P.E.
Georgia Contractor's License UC#302438
YES
YES
YESAll Correct Forms
UC#300080
ABSTRACT OF BIDS FOR
TYBEER LIGHTHOUSE AREA SEWER
PREPARED BY THOMAS & HUTTON
TOTAL:
Sub-Total MOBILIZATION/DEMOBILIZATION, CLEARING, GRASSING, EROSION CONTROL, AND TRAFFIC CONTROL
SANITARY SEWER SYSTEM
Sub-Total SANITARY SEWER SYSTEM
SOUTHERN CHAMPION
CONSTRUCTION, INC.SOUTHERN CIVIL, LLC
\\thomas-hutton.local\dfs\Projects\28673\28673.0000\Documents\Construction\Bid\Received\28673.0000 Abstract.xlsx
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File Attachments for Item:
9. Strand Promenade and South End Bathrooms
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File Attachments for Item:
10. First Reading, 2021-04, Parking Ordinance
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ORDINANCE NO.: 2021-___
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF TYBEE
ISLAND SO AS TO PROVIDE FOR UPDATING PROVISIONS OF THE CODE RELATING
TO METHODS OF PAYMENT FOR PARKING; TO AMEND THE CODE RELATING TO
PARKING FINES; TO ADD PROVISIONS PROHIBITING THE PARKING OF
RECREATIONAL VEHICLES IN THE CITY PARKING LOTS AND TO DEFINE
RECREATIONAL VEHICLES FOR SUCH PURPOSES; TO REVISE CHARGES FOR
OVERTIME PARKING; TO PROVIDE FOR A PARKING APP LICATION ("APP") AS
WELL AS PAY AND DISPLAY PROVISIONS AND TO PROHIBIT BUSINESSES FROM
USING CITY PARKING LOT OR PLACES FOR OPERATING RENTAL BUSINESSES
FROM SUCH LOCATIONS AND TO RESTRICT THE USE OF MUNICIPAL PARKING
LOTS AND PARKING PLACES FOR THE STORAGE OF BUSINESS, PROPERTIES
AND/OR EQUIPMENT; TO ESTABLISH AN EFFECTIVE DATE AND TO REPEAL
CONFLICTING ORDINANCES AND FOR OTHER PURPOSES
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the Sta te of Georgia to
adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the
citizens of Tybee Island, Georgia; and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under its police and home
rule powers; and
WHEREAS, due to improvements of parking operations as a result of remote mobile
applications and technical advances, some provisions of the Code are out of date and need revision;
and
WHEREAS, the public parking lots at the North beach, 14th Street and the Strand/South
End lots need to have restrictions relating to the parking of recreational vehicles therein; and
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WHEREAS, the operation of businesses including digital or remote reservations or rentals
of vehicles are increasing such that opportunities for businesses to be improperly operated from
municipal parking locations and/or lots which should be addressed and/or prohibited;
WHEREAS, the City has previously adopted ordinances to address parking charges and to
provide for pay and display operations however technology continues to advance necessitating
enabling provisions; and
WHEREAS, the City Manager has previously been authorized to set rates, fines and
methods of controlling parking under certain circumstances which need or should be recognized
in the form of parking authorizations; and
WHEREAS, in order to have a more cohesive reading chapter dealing with parking to
address the multiple methods need updating the provisions necessitates a newly revised ordinance
in general;
NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee
Island as follows:
SECTION I
Article III, of Chapter 66, shall be revised in order to provide as follow:
66-101 shall be amended so as to hereinafter read as follows:
(a) The Mayor and Council shall have authority to place and/or direct the placement
parking meters, pay and/or display meters and/or devises capable of payment application methods
on public streets and parking lots within the City. It shall be unlawful to park in any undesignated
parking spaces or zones as otherwise designated in this ordinance without proper authorization and
it shall be unlawful to park in any no parking place or zone as designated.
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(b) The terms "to park" and "parking" shall mean bringing a vehicle to a stationary position
for any period of time exceeding five minutes and shall include each vehicle whether occupied or
unoccupied.
66-102 Parking Restrictions
It shall be unlawful to park any vehicle, trailer or other mobile vehicle or equipment in a
no parking zone designated by a no parking sign or a yellow line, or other marking or within 25
feet of a fire hydrant. It shall be unlawful to park any vehicle, trailer or other mobile vehicle or
equipment in a parking lot, space, metered location or other location controlled by parking
requirements or regulations without paying the required fees for use of such space or spaces.
66-103 Parking lot regulations.
(a) Fees for parking. The city may operate parking lots for the convenience of the public,
charging fees for spaces used. Use of parking spaces without payment of or such other fees as
established by the city, shall constitute a parking violation and shall result in a citation. The city
may have parking lot attendants collect parking fees, or may use other means such as automated
entrance and/or exit devices with tickets or pay and display methods or payment apps for mobile
or other devices or similar methods to collect or charge for parking in such lots.
(b) Misuse of city parking lots. The parking lots operated by the city are for the express
purpose of providing convenient access to the public beaches and, therefore, any activity which
restricts or hinders such access is undesirable and subject to prohibition. In the absence of an
official event permit, in the public parking lots of the city, no person shall:
(1) Cook or prepare food.
(2) Play excessively loud music.
(3) Loiter without a legitimate purpose.
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(4) Repetitively cruise through the parking lots not intending to park.
(5) Camp or sleep in vehicles.
(6) Engage in any other activity that blocks the free passage of vehicles into and out of the
lots or the free passage of persons to and from the beach.
(c) Recreational vehicles as defined herein shall be prohibited from parking in the
municipal lots located at the North Beach, 14th Street and the Strand/South End regardless of
parking decals or passes of any type. As used her ein the term "recreational vehicles" is a motor
vehicle or tailer which includes living quarters designed for accommodations including sleeping
compartments or modifications therefor and such units shall not require cooking or restroom
facilities to be included in the definition. "Recreational Vehicle" includes motor homes,
campervans, travel trailer and camper trailers, fifth wheel trailers, pop up campers and truck
campers.
Section 66-104 Limitations on idling vehicles/engines running
No tour bus, motor coach, delivery vehicle, bus, commercial van may stop or part with its
engine running for longer than ten minutes, except where necessary to refrigerate perishable items
and except for passenger buses that remain occupied by other than the driver. Refriger ation units
on delivery vehicles necessary to refrigerate perishable items shall be allowed to continue running
even if the engine to the truck is turned off. O.C.G.A. § 40 -6-201 prohibits a vehicle from being
left unattended without first stopping the engine, locking the ignition and effectively setting the
brake.
Unless it is necessary to leave the motor running to charge electronic devices, all city
vehicles must be turned off whenever the driver exits the vehicle.
DIVISION 2 – METERED PAY AND DISPLAY, APP PARKING
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Sec. 66-135 Definitions
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Parking means the standing of a vehicle in a city-owned parking lot or upon a street
whether that vehicle is occupied or not and whether that vehicle be accompanied or not by an
operator for a period of time in excess of two minutes.
Parking app or parking application means a downloaded application compatible with the
city's program as a method of regulating the time within which a vehicle will be allowed to lawfully
park arranged by way of a mobile or computer device and to make payment for the parking or
other charges therefor.
Parking meter and mechanical parking time indicator mean 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 storin g 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 is 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.
Parking space, individual means a portion of the street or street right-of-way of sufficient
length and depth to accommodate a vehicle to be parked, as shall be specified b y the city. Also, a
space for parking in a city parking lot or other area designated for vehicular parking. See, generally,
LDC section 3-080(E).
Pay and Display Meter means a device which will provide parking authorization by means
of a receipt to be placed, in a fashion described in section 66-149, upon the dash of the vehicle for
which parking time is permissible and authorized.
Vehicle means 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.
66-136 – Interpretation
This division shall be construed as a supplement to the general traffic regulations and all
other ordinances of the city regulating the traffic, parking and use of streets, which shall b e in force
and effect in the congested area, except insofar as modified by the provisions hereinbefore set
forth. Any authority heretofore or hereafter exercised under any ordinance, rule or regulation
restricting or prohibiting parking, independent of time limits, shall in no manner be affected by
this division or any to the provisions thereof. The purpose of this article is to assist in the regulation
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of overtime parking by the use of parking meters, pay and display operations and/or the payment
arrangements through a parking app or application and it shall be so construed.
Sec. 66-137. - Effect of regulations on taxicab stands, etc.
Nothing in this division shall be construed as prohibiting the city from providing for free parking
space for loading and unloading, for taxicab stands and for other matters of similar nature.
Sec. 66-138. - Designation of individual parking spaces.
The city manager or parking services director is authorized and directed to designate any
individual parking spaces as is deemed proper along the streets within the city limits for the parking
of vehicles. At each place where individual parking spaces are so designated, each vehicle shall
be parked entirely within an individual parking space. It is a violation of the requiremen ts of this
section for a vehicle not to be parked entirely within an individual parking space. In order for a
parking space to be designated, it shall not be necessary that it be curbed, marked, painted, or
striped.
In spaces designated by the city as being appropriate for only low speed vehicles, golf carts,
motorcycles and/or motor scooters, it shall be a violation to park anything other than such a vehicle
in a space designated for such vehicles. This provision shall have application to designated stree t
parking and designated parking lot spaces. A violation hereof shall be treated as a violation of the
prohibition on improperly parked vehicles and may be punished as provided in this Code.
Sec. 66-139. - Parking meters—Installation; compliance, pay and display locations and
parking apps.
Parking meters shall be installed along the street right-of-way edge or in the immediate
vicinity of individual parking spaces designated where parking is restricted. All such parking
meters shall comply with the conditions set forth in the definition in section 66 -135 and these
meters shall be under the management, supervision and control of the city manager or parking
service director. Pay and display locations shall also be designated as provided in Sec. 66 -149.
Parking app availability shall be indicated by information signage.
Sec. 66-140. - Regulations for parking in individual parking spaces.
(a) Whenever a vehicle shall be parked in an individual parking space, where a parking
meter has been installed, the person parking that vehicle shall deposit one or more quarters of
United States money in that parking meter, if any meter displays the signal showing that legal
parking is only permitted on such deposit. Upon the deposit of any quarters in that parking met er,
that person shall be entitled to legal parking for a period of time indicated on that meter. That
person may deposit more than one such quarters in order to receive additional periods of time. In
addition, use of parking spaces in the city-owned parking lots by automated devices or by other
ordinances.
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(b) Notice to the public may be given by appropriate signs setting forth the length of time
for which parking is permitted and the conditions thereof. These may be upon the parking meter
stand or in the immediate vicinity of any parking space.
(c) Any vehicle which remains in an individual parking space after the prescribed time for
parking, is determined to be illegally parked, but in no event shall it be considered illegal parking
if the meter display signal shows that a proper deposit has been made for that parking.
(d) The provisions of this section shall not apply to vehicles parked or standing in city -
owned parking lots or upon the streets when those vehicles are parked or standing between the
hours of 8:00 p.m. until 8:00 a.m. the following morning, except for no parking zones and adjacent
to fire hydrants, and except for special occasions when the city manager authorizes parking
requirements to apply during additional periods of time.
(e) The charges for parking and Tthe fines for parking violations shall be as fixed from
time to time by the city manager and be on file in the parking department of the City as well as
with the Clerk of Council. mayor and council. Further, parking violations shall include the failure
to make payments as required by pay and display devices and/or payment apps.
Sec. 66-141. - Metered parking where time has expired prohibited; evidence of violation.
All parking is prohibited in any parking space where a meter is installed which displays a signal
showing that parking is not permitted or that parking time has expired, unless a deposit of a coin
of the proper designated amount is made as herein provided. Any vehicle parked contrary to t hese
provisions shall be deemed to be illegally parked when the time signal on the parking meter of the
same shows the message "no parking permitted," or "time expired," or some similar message, and
such message shall be deemed prima facie evidence of the unlawful parking of any motor vehicle
by its operator and owner.
(Code 1970, § 19-22; Code 1983, § 10-1-27)
Sec. 66-142. - Overtime parking—Persons responsible.
It shall be unlawful and a violation of the provisions of this division for any person to cau se, allow,
permit or suffer any vehicle registered in the name of, or operated by, that person to be parked
overtime or beyond the period of legal parking time established for any parking meter zone as
herein described.
(Code 1970, § 19-23; Code 1983, § 10-1-28)
Sec. 66-143. - Same—Prohibited.
It shall be unlawful and a violation of the provisions of this division for any person to permit a
vehicle to remain or be placed in any parking place adjacent to any parking meter while that meter
is displaying a signal indication that the vehicle occupying that parking space has already been
parked beyond the period of time prescribed for that parking space.
(Code 1970, § 19-24; Code 1983, § 10-1-29)
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Sec. 66-144. - Damaging meter prohibited.
It shall be unlawful and a violation of the provisions of this division for any person to deface,
injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter
installed under the provisions of this division.
(Code 1970, § 19-25; Code 1983, § 10-1-30)
Sec. 66-145. - Slugs prohibited.
It shall be unlawful and a violation of the provisions of this division to deposit or cause to be
deposited in any parking meter, any slug, device or metallic substance, or any other substitute for
$0.25 coin of the United States.
(Code 1970, § 19-26; Code 1983, § 10-1-31)
Sec. 66-146. - Parking citation issuance; information required.
It shall be the duty of the parking enforcement officers, city marshal, or police officers, to issue
citations whenever vehicles are illegally parked, or unlawfully parked, with said citations showing:
(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 prov isions of this
division.(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 parked in violation of any of the provisions
of this division.(4)Any other facts, a knowledge of which is necessary for a thorough
understanding of the circumstances attending that violation.
(Code 1970, § 19-27; Code 1983, § 10-1-32)
Sec. 66-147. - Ticketing vehicles; payment; penalty.
(a)Ticketing vehicles. Each such police officer, city marshal or parking enforcement officer shall
attach to a vehicle illegally parked under the provisions of this division a notice to the owner or
operator thereof that that vehicle has been parked in violation of a provision of this division and
instructing that owner or operator to report to any police officer, city marshal or parking
enforcement officer on duty in regard to that violation.(b)Payment of fine. Each such owner or
operator may, within ten days of the time when any notice was attached to that vehicle, pay the
fine as specified on the parking violation ticket in return for which that person shall receive a
receipt, the form of which is designated by the appropriate city personnel.(c)Delinquency of
payment. The failure of that owner or operator to make a full payment within ten days shall result
in the issuance of a parking citation delinquency notice which shall demand full payment plus a
$20.00 penalty by a specified payment due date. The failure of that owner or operator to make said
payment may result in issuance of an administrative hearing notice which shall demand:(1)Full
payment of the parking violation fine, the $20.00 delinquency penalty; or(2)The owner or
operators appearance on a given date at specified time and location for an admi nistrative
hearing.(d)Subpoena issuance. The failure of that owner or operator to make full payment for all
issued citations or to have amounts due set aside at the administrative hearing, may result in the
owner or operator being issued a subpoena to appear in court and subject to additional court fines
and costs. Or the City may seek payment through civil collection methods as an alternative to the
hearing and court process stated above.
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(Code 1983, § 10-1-33; Ord. of 4-10-2005(02), § 1; Ord. No. 2005-10, 6-23-2005; Ord. No. 2020-
09 , § 1, 3-12-2020)
Sec. 66-148. - Rules for collection of coins; responsibility of parking violations.
(a)The city manager or parking director shall designate employees to collect the coins deposited
in parking meters.(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 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.(c)Any violations of these
regulations will be cause for immediate dismissal.(d)The control of parking violations will be the
responsibility of the city manager or parking services director.
(Code 1983, § 10-1-34)
Sec. 66-149. - Pay and display meters.
All provisions hereof in the preceding sections in division 2 dealing with metered parking shall
have application to pay and display meters which may be placed in or in the vicinity of parking
spaces along rights-of-way and in parking lots within the city.
The pay and display meter will issue a receipt that shall be placed on the dash of the vehicle on the
driver's side, so that it is visible from the outside of the vehicle. Parking beyond the purchased
interval of time in the use of a pay and display meter device shall subject the violator in all respects
to the same penalties as if the violation was as to a coin-fed parking meter and as established in
the preceding sections.
Failure to place the receipt in the prescribed location shall subject the violator in all respects to the
same penalties as if the violation was as to a coin -fed parking meter and as established in the
preceding sections.
(Ord. No. 02-2012, 3-8-2012)
Secs. 66-150—66-179. - Reserved.
DIVISION 3. - PARKING DECALS
Sec. 66-180. - Decals for free parking authorized.
There is established by the city the right to issue decals that will permit free parking on all public
streets and city parking lots within the city, subject to the terms of this ordinance and any
restrictions imposed by proper directive of the Mayor and Council or the City Manager on file
with the parking departments and the Clerk of Council.
(Code 1970, § 19-30; Code 1983, § 10-1-35)
Sec. 66-181. - Period; condition to issuance; courtesy decals. Formatted: Font: (Default) Times New Roman
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(a) A decal shall be issued for a period of no longer than one year and will only be issued
upon the presentation of a current, valid state registration indicating the code for tax
purposes for the city and also indicating that the ad valorem tax, if any, thereon has
been paid. The decal is intended to be issued only to city residents and evidence
sufficient to establish residency within the city including deeds, homestead exemptions,
utility bills, and/or an affidavit may be submitted for proof of residency. Decals may be
validly used on motor vehicles such as automobiles, trucks, recreational vehicles,
motorcycles, low speed vehicles, buses, trailers and other objects with state tags.
Persons whose automobiles, etc., are not registered to a city address may obtain a decal
by purchase, upon payment of a fee set by the governing body. An existing holder of a
decal may be entitled to a replacement decal in the event of a change in vehicles,
windshield replacement or similar circumstances.
(b) The governing body shall have the authority to grant courtesy decals to persons whose
automobiles, etc., are not registered in the ci ty's taxing district and others pursuant to a
courtesy parking decal policy approved by the mayor and council and on file in the
office of the clerk of counsel and the office of the city manager or the manager's
designee. The manager or the manager's desig nee shall maintain a list of those
individuals granted courtesy parking decals and the issued decal numbers to whom the
governing body grants such decals pursuant to the policy.
(Code 1970, § 19-31; Code 1983, § 10-1-36; Ord. No. 12-2016 , § 1, 8-25-2016; Ord. No. 15-
2017-B , §§ 1, 2, 11-9-2017)
Sec. 66-182. - Decal—Display on vehicles; design, etc.
The decals shall be of whatever design, shape and color, as may be designated by the
governing body. Decals shall be permanently displayed on automobiles and other motor
vehicles by adhesive bonding to the outside front windshield on the driver's side, and for
trailers and other things which have no front windshield, decals shall be permanently displayed
by adhesive bonding on the outside rear portion of the trailer or other thing so as to be visible
from the left rear area of the trailer or other thing for which the decal has been issued or
sold.(Code 1970, § 19-32; Code 1983, § 10 -1-37)
Sec. 66-183. - Decals for the parking of motorized carts (golf carts).
Decals for the parking of motorized carts (golf ca rts) may be issued pursuant to section 66 -
181(a) upon presentation of appropriate documentation to establish residency within the city.
Residency may be established by providing a copy of the ad valorem/sales tax registration on
the applicant's personal vehicle demonstrating payment of the tax to the city tax district and
also a copy of the golf cart registration to ensure that it has been inspected and belongs to the
resident presenting the application. When this proof is presented to the proper city offic ial, one
decal will be issued for each vehicle which is the subject matter of the proof. The fee for a
parking decal for a motorized cart (golf cart) shall be as set by the mayor and council and on
file with the clerk of council and the city manager or the manager's designee. Any disputes
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concerning the eligibility for a free or discounted parking decal pursuant to this subsection
shall be resolved by the city manager whose determination shall be final.
(Ord. No. 06-A-2015, § 1, 3-12-2015; Ord. No. 12-2016 , § 1, 8-25-2016)
Editor's note— Ord. No. 06-A-2015, § 1, adopted March 12, 2015, amended § 66 -183 to read
as set out herein. Previously § 66 -183 pertained to same—tax payment required and was
derived from Code 1983, § 10-1-38 and Ord. No. 16-2010, adopted September 23, 2010.
Sec. 66-184. - Misuse of decal; forfeiture of free parking.
Should any person or family who has been issued a decal permitting free parking in accordance
with provisions of this division fail to attach same to the automobile, etc., as required by
section 66-182, or only temporarily attach same to their automobile, etc. whereby it is
transferable to another automobile, etc., or in any other way misuse or abuse the privilege and
rights granted by the parking decal, then any owner, person or family shall forfeit that parking
decal and all of the attendant rights to free parking thereby afforded, as well as be subject to
the general penalty of section 1 -8. In addition, the person to whom the parking decal was
issued shall be issued a citatio n by a parking enforcement officer, the city marshal, or a police
officer, for illegal use of the decal, with said citation requiring the payment of a fine equal to
the then current price of a parking decal plus $20.00. The affected party shall then be iss ued a
substitute decal for the remainder of the year.
As an alternative to the above penalties, a p erson who has failed to attach a decal or decals as
required may be issued a no receipt citation of $47.00 and if there are several citations, could
receive a violation citation for $75.00 for misuse of decal(s).
(Code 1970, § 19-34; Code 1983, § 10-1-39)
Sec. 66-185. - Restrictions on decal usage.
Notwithstanding any other provision of this Code, decals applied to trailers, recreational
vehicles, and boat tr ailers may not be used to authorize parking for more than 24 hours in one
parking space from Memorial Day weekend beginning at 12:00 a.m. on Friday of the Memorial
Day weekend through the Labor Day weekend ending at 12:00 p.m. on Labor Day.
Commercial trucks and commercial vans with parking decals may not occupy a parking space
for more than 24 hours on weekends and holidays from Memorial Day weekend beginning at
12:00 a.m. on Friday of the Memorial Day weekend through the Labor Day weekend ending at
12:00 p.m. on Labor Day. This provision, however, shall not be applicable to beach equipment
rental businesses as long as authorized vehicles of such business are in the designated space.
Further, no automobile or any other vehicle may be legally parked by use o f a decal in the
same parking spot continuously in excess of seven consecutive days. The penalty provisions
provided in section 66-184 for misuse of decals shall have specific application to violations of
the provisions hereof in addition to any other fine s or penalties authorized by this Code.
(Ord. No. 31-2014, 5-24-2014)
Secs. 66-186—66-206. - Reserved.
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ORDINANCE NO.: 2021-___
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF TYBEE
ISLAND SO AS TO PROVIDE FOR UPDATING PROVISIONS OF THE CODE RELATING
TO METHODS OF PAYMENT FOR PARKING; TO AMEND THE CODE RELATING TO
PARKING FINES; TO ADD PROVISIONS PROHIBITING THE PARKING OF
RECREATIONAL VEHICLES IN THE CITY PARKING LOTS AND TO DEFINE
RECREATIONAL VEHICLES FOR SUCH PURPOSES; TO REVISE CHARGES FOR
OVERTIME PARKING; TO PROVIDE FOR A PARKING APPLICATION ("APP") AS
WELL AS PAY AND DISPLAY PROVISIONS AND TO PROHIBIT BUSINESSES FROM
USING CITY PARKING LOT OR PLACES FOR OPERATING RENTAL BUSINESSES
FROM SUCH LOCATIONS AND TO RESTRICT THE USE OF MUNICIPAL PARKING
LOTS AND PARKING PLACES FOR THE STORAGE OF BUSINESS, PROPERTIES
AND/OR EQUIPMENT; TO ESTABLISH AN EFFECTIVE DATE AND TO REPEAL
CONFLICTING ORDINANCES AND FOR OTHER PURPOSES
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to
adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the
citizens of Tybee Island, Georgia; and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under its police and home
rule powers; and
WHEREAS, due to improvements of parking operations as a result of remote mobile
applications and technical advances, some provisions of the Code are out of date and need revision;
and
WHEREAS, the public parking lots at the North beach, 14th Street and the Strand/South
End lots need to have restrictions relating to the parking of recreational vehicles therein; and
- Page 118 -Item #10.
WHEREAS, the operation of businesses including digital or remote reservations or rentals
of vehicles are increasing such that opportunities for businesses to be improperly operated from
municipal parking locations and/or lots which should be addressed and/or prohibited;
WHEREAS, the City has previously adopted ordinances to address parking charges and to
provide for pay and display operations however technology continues to advance necessitating
enabling provisions; and
WHEREAS, the City Manager has previously been authorized to set rates, fines and
methods of controlling parking under certain circumstances which need or should be recognized
in the form of parking authorizations; and
WHEREAS, in order to have a more cohesive reading chapter dealing with parking to
address the multiple methods need updating the provisions necessitates a newly revised ordinance
in general;
NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee
Island as follows:
SECTION I
Article III, of Chapter 66, shall be revised in order to provide as follow:
66-101 shall be amended so as to hereinafter read as follows:
(a) The Mayor and Council shall have authority to place and/or direct the placement
parking meters, pay and/or display meters and/or devises capable of payment application methods
on public streets and parking lots within the City. It shall be unlawful to park in any undesignated
parking spaces or zones as otherwise designated in this ordinance without proper authorization and
it shall be unlawful to park in any no parking place or zone as designated.
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(b) The terms "to park" and "parking" shall mean bringing a vehicle to a stationary position
for any period of time exceeding five minutes and shall include each vehicle whether occupied or
unoccupied.
66-102 Parking Restrictions
It shall be unlawful to park any vehicle, trailer or other mobile vehicle or equipment in a
no parking zone designated by a no parking sign or a yellow line, or other marking or within 25
feet of a fire hydrant. It shall be unlawful to park any vehicle, trailer or other mobile vehicle or
equipment in a parking lot, space, metered location or other location controlled by parking
requirements or regulations without paying the required fees for use of such space or spaces.
66-103 Parking lot regulations.
(a) Fees for parking. The city may operate parking lots for the convenience of the public,
charging fees for spaces used. Use of parking spaces without payment of or such other fees as
established by the city, shall constitute a parking violation and shall result in a citation. The city
may have parking lot attendants collect parking fees, or may use other means such as automated
entrance and/or exit devices with tickets or pay and display methods or payment apps for mobile
or other devices or similar methods to collect or charge for parking in such lots.
(b) Misuse of city parking lots. The parking lots operated by the city are for the express
purpose of providing convenient access to the public beaches and, therefore, any activity which
restricts or hinders such access is undesirable and subject to prohibition. In the absence of an
official event permit, in the public parking lots of the city, no person shall:
(1) Cook or prepare food.
(2) Play excessively loud music.
(3) Loiter without a legitimate purpose.
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(4) Repetitively cruise through the parking lots not intending to park.
(5) Camp or sleep in vehicles.
(6) Engage in any other activity that blocks the free passage of vehicles into and out of the
lots or the free passage of persons to and from the beach.
(c) Recreational vehicles as defined herein shall be prohibited from parking in the
municipal lots located at the North Beach, 14th Street and the Strand/South End regardless of
parking decals or passes of any type. As used herein the term "recreational vehicles" is a motor
vehicle or tailer which includes living quarters designed for accommodations including sleeping
compartments or modifications therefor and such units shall not require cooking or restroom
facilities to be included in the definition. "Recreational Vehicle" includes motor homes,
campervans, travel trailer and camper trailers, fifth wheel trailers, pop up campers and truck
campers.
Section 66-104 Limitations on idling vehicles/engines running
No tour bus, motor coach, delivery vehicle, bus, commercial van may stop or part with its
engine running for longer than ten minutes, except where necessary to refrigerate perishable items
and except for passenger buses that remain occupied by other than the driver. Refriger ation units
on delivery vehicles necessary to refrigerate perishable items shall be allowed to continue running
even if the engine to the truck is turned off. O.C.G.A. § 40-6-201 prohibits a vehicle from being
left unattended without first stopping the engine, locking the ignition and effectively setting the
brake.
Unless it is necessary to leave the motor running to charge electronic devices, all city
vehicles must be turned off whenever the driver exits the vehicle.
DIVISION 2 – METERED PAY AND DISPLAY, APP PARKING
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Sec. 66-135 Definitions
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Parking means the standing of a vehicle in a city-owned parking lot or upon a street
whether that vehicle is occupied or not and whether that vehicle be accompanied or not by an
operator for a period of time in excess of two minutes.
Parking app or parking application means a downloaded application compatible with the
city's program as a method of regulating the time within which a vehicle will be allowed to lawfully
park arranged by way of a mobile or computer device and to make payment for the parking or
other charges therefor.
Parking meter and mechanical parking time indicator mean 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 storin g 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 is 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.
Parking space, individual means a portion of the street or street right-of-way of sufficient
length and depth to accommodate a vehicle to be parked, as shall be specified by the city. Also, a
space for parking in a city parking lot or other area designated for vehicular parking. See, generally,
LDC section 3-080(E).
Pay and Display Meter means a device which will provide parking authorization by means
of a receipt to be placed, in a fashion described in section 66-149, upon the dash of the vehicle for
which parking time is permissible and authorized.
Vehicle means 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.
66-136 – Interpretation
This division shall be construed as a supplement to the general traffic regulations and all
other ordinances of the city regulating the traffic, parking and use of streets, which shall be in force
and effect in the congested area, except insofar as modified by the provisions hereinbefore set
forth. Any authority heretofore or hereafter exercised under any ordinance, rule or regulation
restricting or prohibiting parking, independent of time limits, shall in no manner be affected by
this division or any to the provisions thereof. The purpose of this article is to assist in the regulation
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of overtime parking by the use of parking meters, pay and display operations and/or the payment
arrangements through a parking app or application and it shall be so construed.
Sec. 66-137. - Effect of regulations on taxicab stands, etc.
Nothing in this division shall be construed as prohibiting the city from providing for free parking
space for loading and unloading, for taxicab stands and for other matters of similar nature.
Sec. 66-138. - Designation of individual parking spaces.
The city manager or parking services director is authorized and directed to designate any
individual parking spaces as is deemed proper along the streets within the city limits for the parking
of vehicles. At each place where individual parking spaces are so designated, each vehicle shall
be parked entirely within an individual parking space. It is a violation of the requiremen ts of this
section for a vehicle not to be parked entirely within an individual parking space. In order for a
parking space to be designated, it shall not be necessary that it be curbed, marked, painted, or
striped.
In spaces designated by the city as being appropriate for only low speed vehicles, golf carts,
motorcycles and/or motor scooters, it shall be a violation to park anything other than such a vehicle
in a space designated for such vehicles. This provision shall have application to designated street
parking and designated parking lot spaces. A violation hereof shall be treated as a violation of the
prohibition on improperly parked vehicles and may be punished as provided in this Code.
Sec. 66-139. - Parking meters—Installation; compliance, pay and display locations and
parking apps.
Parking meters shall be installed along the street right-of-way edge or in the immediate
vicinity of individual parking spaces designated where parking is restricted. All such parking
meters shall comply with the conditions set forth in the definition in section 66-135 and these
meters shall be under the management, supervision and control of the city manager or parking
service director. Pay and display locations shall also be designated as provided in Sec. 66-149.
Parking app availability shall be indicated by information signage.
Sec. 66-140. - Regulations for parking in individual parking spaces.
(a) Whenever a vehicle shall be parked in an individual parking space, where a parking
meter has been installed, the person parking that vehicle shall deposit one or more quarters of
United States money in that parking meter, if any meter displays the signal showing that legal
parking is only permitted on such deposit. Upon the deposit of any quarters in that parking meter,
that person shall be entitled to legal parking for a period of time indicated on that meter. That
person may deposit more than one such quarters in order to receive additional periods of time. In
addition, use of parking spaces in the city-owned parking lots by automated devices or by other
ordinances.
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(b) Notice to the public may be given by appropriate signs setting forth the length of time
for which parking is permitted and the conditions thereof. These may be upon the parking meter
stand or in the immediate vicinity of any parking space.
(c) Any vehicle which remains in an individual parking space after the prescribed time for
parking, is determined to be illegally parked, but in no event shall it be considered illegal parking
if the meter display signal shows that a proper deposit has been made for that parking.
(d) The provisions of this section shall not apply to vehicles parked or standing in city-
owned parking lots or upon the streets when those vehicles are parked or standing between the
hours of 8:00 p.m. until 8:00 a.m. the following morning, except for no parking zones and adjacent
to fire hydrants, and except for special occasions when the city manager authorizes parking
requirements to apply during additional periods of time.
(e) The charges for parking and the fines for parking violations shall be as fixed from time
to time by the city manager and be on file in the parking department of the City as well as with
the Clerk of Council. Further, parking violations shall include the fai lure to make payments as
required by pay and display devices and/or payment apps.
Sec. 66-141. - Metered parking where time has expired prohibited; evidence of violation.
All parking is prohibited in any parking space where a meter is installed which disp lays a signal
showing that parking is not permitted or that parking time has expired, 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 illegally parked when the time signal on the parking meter of the
same shows the message "no parking permitted," or "time expired," or some similar message, and
such message shall be deemed prima facie evidence of the unlawful parking of any motor vehicle
by its operator and owner.
(Code 1970, § 19-22; Code 1983, § 10-1-27)
Sec. 66-142. - Overtime parking—Persons responsible.
It shall be unlawful and a violation of the provisions of this division for any person to cause, allow,
permit or suffer any vehicle registered in the name of, or operated by, that person to be parked
overtime or beyond the period of legal parking time established for any parking meter zone as
herein described.
(Code 1970, § 19-23; Code 1983, § 10-1-28)
Sec. 66-143. - Same—Prohibited.
It shall be unlawful and a violation of the provisions of this division for any person to permit a
vehicle to remain or be placed in any parking place adjacent to any parking meter while that meter
is displaying a signal indication that the vehicle occupying that parking space has already been
parked beyond the period of time prescribed for that parking space.
(Code 1970, § 19-24; Code 1983, § 10-1-29)
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Sec. 66-144. - Damaging meter prohibited.
It shall be unlawful and a violation of the provisions of this division for any person to deface,
injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter
installed under the provisions of this division.
(Code 1970, § 19-25; Code 1983, § 10-1-30)
Sec. 66-145. - Slugs prohibited.
It shall be unlawful and a violation of the provisions of this division to deposit or cause to be
deposited in any parking meter, any slug, device or metallic substance, or any other substitute for
$0.25 coin of the United States.
(Code 1970, § 19-26; Code 1983, § 10-1-31)
Sec. 66-146. - Parking citation issuance; information required.
It shall be the duty of the parking enforcement officers, city marshal, or police officers, to issue
citations whenever vehicles are illegally parked, or unlawfully parked, with said citations showing:
(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
division.(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 parked in violation of any of the provisions
of this division.(4)Any other facts, a knowledge of which is necessary for a thorough
understanding of the circumstances attending that violation.
(Code 1970, § 19-27; Code 1983, § 10-1-32)
Sec. 66-147. - Ticketing vehicles; payment; penalty.
(a)Ticketing vehicles. Each such police officer, city marshal or parking enforcement officer shall
attach to a vehicle illegally parked under the provisions of this division a notice to the owner or
operator thereof that that vehicle has been parked in violation of a provision of this division and
instructing that owner or operator to report to any police officer, city marshal or parking
enforcement officer on duty in regard to that violation.(b)Payment of fine. Each such owner or
operator may, within ten days of the time when any notice was attached to that vehicle, pay the
fine as specified on the parking violation ticket in return for which that person shall receive a
receipt, the form of which is designated by the appropriate city personnel.(c)Delinquency of
payment. The failure of that owner or operator to make a full payment within ten days shall result
in the issuance of a parking citation delinquency notice which shall demand full payment plus a
$20.00 penalty by a specified payment due date. The failure of that owner or operator to make said
payment may result in issuance of an administrative hearing notice which shall demand:(1)Full
payment of the parking violation fine, the $20.00 delinquency penalty; or(2)The owner or
operators appearance on a given date at specified time and location for an administrative
hearing.(d)Subpoena issuance. The failure of that owner or operator to make full payment for all
issued citations or to have amounts due set aside at the administrative hearing, may result in the
owner or operator being issued a subpoena to appear in court and subject to additional court fines
and costs. Or the City may seek payment through civil collection methods as an alternative to the
hearing and court process stated above.
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(Code 1983, § 10-1-33; Ord. of 4-10-2005(02), § 1; Ord. No. 2005-10, 6-23-2005; Ord. No. 2020-
09 , § 1, 3-12-2020)
Sec. 66-148. - Rules for collection of coins; responsibility of parking violations.
(a)The city manager or parking director shall designate employees to collect the coins deposited
in parking meters.(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 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.(c)Any violations of these
regulations will be cause for immediate dismissal.(d)The control of parking violations will be the
responsibility of the city manager or parking services director.
(Code 1983, § 10-1-34)
Sec. 66-149. - Pay and display meters.
All provisions hereof in the preceding sections in division 2 dealing with metered parking shall
have application to pay and display meters which may be placed in or in the vicinity of parking
spaces along rights-of-way and in parking lots within the city.
The pay and display meter will issue a receipt that shall be placed on the dash of the vehicle on the
driver's side, so that it is visible from the outside of the vehicle. Parking beyond the purchased
interval of time in the use of a pay and display meter device shall subject the violator in all respects
to the same penalties as if the violation was as to a coin-fed parking meter and as established in
the preceding sections.
Failure to place the receipt in the prescribed location shall subject the violator in all respects to the
same penalties as if the violation was as to a coin-fed parking meter and as established in the
preceding sections.
(Ord. No. 02-2012, 3-8-2012)
Secs. 66-150—66-179. - Reserved.
DIVISION 3. - PARKING DECALS
Sec. 66-180. - Decals for free parking authorized.
There is established by the city the right to issue decals that will permit free parking on all public
streets and city parking lots within the city, subject to the terms of this ordinance and any
restrictions imposed by proper directive of the Mayor and Council or the City Manager on file
with the parking departments and the Clerk of Council.
(Code 1970, § 19-30; Code 1983, § 10-1-35)
Sec. 66-181. - Period; condition to issuance; courtesy decals.
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(a) A decal shall be issued for a period of no longer than one year and will only be issued
upon the presentation of a current, valid state registration indicating the code for tax
purposes for the city and also indicating that the ad valorem tax, if any, thereon has
been paid. The decal is intended to be issued only to city residents and evidence
sufficient to establish residency within the city including deeds, homestead ex emptions,
utility bills, and/or an affidavit may be submitted for proof of residency. Decals may be
validly used on motor vehicles such as automobiles, trucks, recreational vehicles,
motorcycles, low speed vehicles, buses, trailers and other objects with s tate tags.
Persons whose automobiles, etc., are not registered to a city address may obtain a decal
by purchase, upon payment of a fee set by the governing body. An existing holder of a
decal may be entitled to a replacement decal in the event of a change in vehicles,
windshield replacement or similar circumstances.
(b) The governing body shall have the authority to grant courtesy decals to persons whose
automobiles, etc., are not registered in the city's taxing district and others pursuant to a
courtesy parking decal policy approved by the mayor and council and on file in the
office of the clerk of counsel and the office of the city manager or the manager's
designee. The manager or the manager's designee shall maintain a list of those
individuals granted courtesy parking decals and the issued decal numbers to whom the
governing body grants such decals pursuant to the policy.
(Code 1970, § 19-31; Code 1983, § 10 -1-36; Ord. No. 12-2016 , § 1, 8-25-2016; Ord. No. 15-
2017-B , §§ 1, 2, 11-9-2017)
Sec. 66-182. - Decal—Display on vehicles; design, etc.
The decals shall be of whatever design, shape and color, as may be designated by the
governing body. Decals shall be permanently displayed on automobiles and other motor
vehicles by adhesive bonding to the outside front windshield on the driver's side, and for
trailers and other things which have no front windshield, decals shall be permanently displayed
by adhesive bonding on the outside rear portion of the trailer or other thing so as to be visible
from the left rear area of the trailer or other thing for whi ch the decal has been issued or
sold.(Code 1970, § 19-32; Code 1983, § 10-1-37)
Sec. 66-183. - Decals for the parking of motorized carts (golf carts).
Decals for the parking of motorized carts (golf carts) may be issued pursuant to section 66 -
181(a) upon presentation of appropriate documentation to establish residency within the city.
Residency may be established by providing a copy of the ad valorem/sales tax registration on
the applicant's personal vehicle demonstrating payment of the tax to the city tax district and
also a copy of the golf cart registration to ensure that it has been inspected and belongs to the
resident presenting the application. When this proof is presented to the proper city official, one
decal will be issued for each vehicle which is the subject matter of the proof. The fee for a
parking decal for a motorized cart (golf cart) shall be as set by the mayor and council and on
file with the clerk of council and the city manager or the manager's designee. Any disputes
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concerning the eligib ility for a free or discounted parking decal pursuant to this subsection
shall be resolved by the city manager whose determination shall be final.
(Ord. No. 06-A-2015, § 1, 3-12-2015; Ord. No. 12-2016 , § 1, 8-25-2016)
Editor's note— Ord. No. 06-A-2015, § 1, adopted March 12, 2015, amended § 66 -183 to read
as set out herein. Previously § 66 -183 pertained to same —tax payment required and was
derived from Code 1983, § 10 -1-38 and Ord. No. 16 -2010, adopted September 23, 2010.
Sec. 66-184. - Misuse of decal; fo rfeiture of free parking.
Should any person or family who has been issued a decal permitting free parking in accordance
with provisions of this division fail to attach same to the automobile, etc., as required by
section 66-182, or only temporarily attach same to their automobile, etc. whereby it is
transferable to another automobile, etc., or in any other way misuse or abuse the privilege and
rights granted by the parking decal, then any owner, person or family shall forfeit that parking
decal and all of t he attendant rights to free parking thereby afforded, as well as be subject to
the general penalty of section 1 -8. In addition, the person to whom the parking decal was
issued shall be issued a citation by a parking enforcement officer, the city marshal, o r a police
officer, for illegal use of the decal, with said citation requiring the payment of a fine equal to
the then current price of a parking decal plus $20.00. The affected party shall then be issued a
substitute decal for the remainder of the year.
As an alternative to the above penalties, a person who has failed to attach a decal or decals as
required may be issued a no receipt citation of $47.00 and if there are several citations, could
receive a violation citation for $75.00 for misuse of decal(s).
(Code 1970, § 19-34; Code 1983, § 10 -1-39)
Sec. 66-185. - Restrictions on decal usage.
Notwithstanding any other provision of this Code, decals applied to trailers, recreational
vehicles, and boat trailers may not be used to authorize parking for more th an 24 hours in one
parking space from Memorial Day weekend beginning at 12:00 a.m. on Friday of the Memorial
Day weekend through the Labor Day weekend ending at 12:00 p.m. on Labor Day.
Commercial trucks and commercial vans with parking decals may not occu py a parking space
for more than 24 hours on weekends and holidays from Memorial Day weekend beginning at
12:00 a.m. on Friday of the Memorial Day weekend through the Labor Day weekend ending at
12:00 p.m. on Labor Day. This provision, however, shall not b e applicable to beach equipment
rental businesses as long as authorized vehicles of such business are in the designated space.
Further, no automobile or any other vehicle may be legally parked by use of a decal in the
same parking spot continuously in exce ss of seven consecutive days. The penalty provisions
provided in section 66-184 for misuse of decals shall have specific application to violations of
the provisions hereof in addition to any other fines or penalties authorized by this Code.
(Ord. No. 31-2014, 5-24-2014)
Secs. 66-186—66-206. - Reserved.
- Page 128 -Item #10.
File Attachments for Item:
11. First Reading, 2021-05, Noise Ordinance First Reading
- Page 129 -Item #11.
ORDINANCE NO. 2021-05
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF TYBEE
ISLAND SO AS TO REVISE PROVISIONS ADDRESSING PROHIBITED NOISE THAT IS
UNREASONABLY LOUD, RAUCOUS, JARRING, DISTURBING OR A NUISANCE
WITHIN THE AREA OF AUDIBILITY AND TO REPEAL INCONSISTENT OR
CONFLICTING ORDINANCES AND TO ELIMINATE PROVISIONS REGARDING
DECIBEL LEVELS FOR THE CONTROL OR MEASUREMENT OF NOISE IN CERTAIN
AREAS AND SUBSTITUTING IN LIEU THEREOF A STANDARD OF PLAINLY
AUDIBLE FROM A SPECIFIED DISTANCE FOR DETERMINATIONS OF OFFENSIVE OR
PROHIBITED NOISE AND TO RECOGNIZE THE ADOPTION OF CIVIL PENALTIES FOR
OFFENSES INCLUDING PROHIBITED NOISE, FOR THE REPEAL OR CONFLICTING
ORDINANCES, TO ESTABLISH AN EFFECTIVE DATE AND TO AUTHORIZE THE
ENFORCEMENT THEREOF
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to
adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the
citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under its police and home
rule powers; and
WHEREAS, the control of sound and sound making devices which produce noise at levels
that are unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of
audibility is necessary for the peace and wellbeing of residents and visitors to the City; and
WHEREAS, Tybee Island is unique in the location of business establishments, a county
pier where events are conducted and residential dwellings that coexist in close proximity to
commercial establishments that provide gatherings, music and other sources of sound; and
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WHEREAS, wind directions and wind speed can have significant impacts on the
distribution of sounds; and
WHEREAS, in order to permit commercial operations including restaurants and
entertainment locations to properly monitor their own sound levels and to determine when they
are or may be potentially in violation of the noise ordinance, it is advisable to have a decibel
standard in commercial and similar zones; and
WHEREAS, the City of Tybee Island has for in excess of 15 years explored alternative
methods of addressing noise, noise complaints, disorderly behavior in various residential and other
areas; and
WHEREAS, the City has attempted to improve the peace, tranquility and health and safety
of residents and occupants of residential dwellings by controlling or limiting unreasonably loud
noises through sound level controls based on decibel levels and in the opinion of many, the efforts
have not been as successful in residential areas as desired; and
WHEREAS, court decisions upholding the constitutionality of the restrictions on noise and
noise producing activity where doing so creates "plainly audible" disturbances too occupants of
nearby properties have been recognized and resulted in successful prohibitions and prosecutions;
and
WHEREAS, the City of Tybee Island has adopted several zoning districts and it is the
intention herein that all districts be the subject of sound and excessively loud noise or sound
restrictions; and
WHEREAS, the City of Tybee Island has previously adopted administrative procedures
for civil penalties for certain Code violations which can include unreasonably loud noise
violations;
- Page 131 -Item #11.
NOW THEREFORE, it is hereby ordained by the governing authority of the City of Tybee
Island duly assembled as follows:
SECTION I
Existing Tybee Code Sections identified as Article 4 of Chapter 22 "Noises" Sections 22-
110 through 22-112 are hereby repealed in their entirety and are replaced with the Code Sections
hereinafter set forth and designated numerically as hereinafter set forth.
ARTICLE IV. NOISES
Sec. 22-110. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Construction means any site preparation, assembly, erection, substantial repair, alteration, or similar
action, for or of public or private rights-of-way, structures, utilities, or similar property.
Demolition means any dismantling, intentional destruction or removal of structures, utilities, public or
private right-of-way surfaces, or similar property.
Emergency means any occurrence or set of circumstances involving actual or imminent physical or
psychological trauma or property damage which demands immediate action.
Emergency work means any work performed for the purpose of alleviating or resolving an emergency.
Enclosed Building means all space between a floor and ceiling that is enclosed on all sides by solid
walls or windows, exclusive of doorways, which extend from the floor to the ceiling.
Excessively loud noise or sound. Any sound which, in light of the surrounding circumstances,
including the normal level of ambient noise, is unreasonably loud, or which would annoy or disturb a
person of reasonable sensibilities in his home or dwelling, or in any public area or place of public
accessibility, including but not limited to the beach and commercial establishments;
Holidays means those holidays recognized by the U.S. Office of Personnel Management.
Impulsive sound. Sound of short duration, with an abrupt onset and rapid decay
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Mechanical Sound Making Devices means any radio receiving device, television, stereo, musical
instrument, phonograph sound amplifier or other machines or devices for the producing, reproducing
or amplifying of sound and/or noise.
Motor vehicle means any motor-operated vehicle licensed for use on the p ublic highways, but not
including a motorcycle.
Motorboat means any vessel which operates on water and which is propelled by a motor, including,
but not limited to, boats, barges, amphibious craft, water ski towing devices and hover craft.
Motorcycle means any motor vehicle having a saddle or seat for the use of the rider and designed to
travel on not more than three wheels in contact with the ground. The term shall include, but not be
limited to, motorized bicycles and motor scooters.
Noise means any sound which disturbs humans or which causes or tends to cause an adverse
psychological or physiological effect on humans.
Noisy Assembly means any gathering of more than one (1) person which creates noise.
Noise disturbance means any sound which endangers or injures the welfare, safety or health of human
beings, or disturbs a reasonable person of normal sensitivities, or devalues or injures personal or real
property, or is hereinafter defined.
Noise sensitive activities means activities which should be conducted under conditions of exceptional
quiet including, but not limited to, operation of schools, libraries open to the public, churches,
hospitals, and nursing homes.
Noise sensitive area means any area designated for the purpose of ensuring exceptional quiet and
clearly posted with "noise sensitive area" signs, because of the noise sensitive activities conducted
therein.
Official Public event means any event put on by, adopted, approved or endorsed by the City.
Person means any individual, partnership, firm, association, joint venture, public or private
corporation, trust, estate, commission, board, public or private institution, utility, operative, state
agency, municipality or other political subdivisions of this state, any intersta te body, or any other legal
entity.
Plainly audible shall mean any sound emanating from the specific sound-producing sources set forth
below which can be heard from the distances set forth below, using the following sound measurement
standards: Measurement shall be by the auditory senses of a person standing at a distance no less than the
required minimum distance from the source of the sound. For music and other noise, words and phrases
need not be discernable. For music and other noise, bass reverberations are included.
Powered model vehicle means any self-propelled airborne, waterborne, or land borne model plane,
vessel, or vehicle, which is not designed to carry persons, including, but not limited to any model
airplane, boat, car or rocket.
- Page 133 -Item #11.
Public right-of-way means any street, avenue, boulevard, highway, sidewalk, lane or similar place
which is owned or controlled by a governmental entity.
Public space means any real property, including any structure thereon, which is owned or controlled
by a governmental entity.
Public works project means any project financed by public funds such as roads, highways, bridges or
other construction on public or government owned property. It does not include projects merely
approved by mayor and council.
Real property boundary means an imaginary line along the ground surface, and its vertical extension,
which separates the real property owned by one person from that owned by another person, but not
including intra-building real property divisions.
Residential means any property on which is located a building or structure used wholly or partially for
living or sleeping purposes.
School means any place of learning or caring for children, both public and private.
Sound means an oscillation in pressure, particle displacement, particle velocity or other physica l
parameter, in a medium with internal forces that cause compression and rarefaction of that medium.
The description of sound may include any characteristic of such sound, including duration, intensity
and frequency.
Used means and includes the words "intended,", "designed," or "arranged to be used. "
(Code 1983, § 11-3-2)
Zoned or zone as used herein means the areas designated in the City Land Development Code and
depicted in the City Zoning Map.
Sec. 22-111. Exceptions.
The provisions of this article shall not apply to:
(1) The emission of sound for the purpose of alerting persons to the existence of an emergency;
(2) The emission of sound in the performance of emergency work by City or City Contractor;
(3) Noises and/or sounds caused to be made by manufacturing, governmental, or commercial entities
in the normal course of their business, however, the production of sound by gathering of persons,
music or entertainment activities by restaurants, bars and/or similar establishments shall not be exempt
under this subsection;
(4) Agricultural activities, exclusive of those involving the ownership or possession of animals or
birds;
(5) Public mass transportation vehicles;
(6) Church or clock carillons, bells, or chimes;
- Page 134 -Item #11.
(7) The emission of sound in the discharge of weapons or in fireworks displays for which a permit
has been issued;
(8) Public works projects;
(9) Noises and/or sounds that are permitted by a special event permit pursuant to section 54-70,
et seq; provided, however, that the producer or coordinator of the special event must comply with
the terms, restrictions and conditions of the special event permit;
(10) Sound volumes produced by radio, tape player, or other mechanical sound making device or
instrument from within a motor vehicle on a street or highway, which sound is controlled by
O.C.G.A. § 40-6-14;
(11) Noises or sounds made by law enforcement and other public safety officials performing their
public functions;
(12) The emission of sound from a public space during an official public event; or
(13) The emission of sound from a school or church during the regular scheduled hours of operation
or during special events.
(Code 1983, § 11-3-3)
(14) Noises or sounds made by the exploding of consumer fireworks on January 1, the last Saturday
and Sunday in May, July 3, July 4, the first Monday in September, and December 31 of each year after
10:00 a.m. and up to and including the time of 11:59 p.m.; and on January 1 of each year beginning at
the time of 12:00 Midnight and up to and including the ending time of 1:00 a.m.
(15) Generators during times of power outages.
Sec. 22-112. Noise disturbance prohibited
(a) Prohibited conduct – Residential and related Zones (R1, R1b, RT, R2 and PUD).
(1) Restrictions of 200 feet for 7:00 a.m. through 10:00 p.m. Sunday through Thursday and
7:00 a.m. through 12:00 midnight on Friday and Saturday and holidays.
a. Mechanical sound-making devices. It is unlawful for any person or persons to play, use, operate,
or permit to be played, used, or operated any Mechanical Sound Making Devices at such a volume
and in such a manner so as to create, or cause to be created, any excessively loud noises or sounds
or impulsive sounds which are plainly audible at a distance of 200 feet or more from the building,
structure or vehicle, or in the case of real property, beyond the property limits, in which it is
located, whichever is farthest, between the hours of 7:00 a.m. and 10:00 p.m. Sunday through
Thursday and between the hours of 7:00 a.m. and 12:00 midnight on Friday and Saturday and
holidays.
b. Human-produced sounds. It is unlawful for any person or persons to yell, shout, whistle, or sing
on the public streets or sidewalks or on private property so as to create, or cause to be created,
any excessive noises or sounds or impulsive sounds which are plainly audible at a distance of 200
feet or more from the place, building, structure, or in the case of real property, beyond the real
property boundary, in which the person is located, whichever is farthest, between the hours of 7:00
a.m. and 10:00 p.m. Sunday through Thursday and between the hours of 7:00 a.m. and 12:00
midnight on Friday and Saturday and holidays which are which are of such character, intensity
and duration to disturb the peace and quiet of the neighborhood.
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c. Commercial advertising. It is unlawful for any person or persons to use, operate, or permit to
be used or operated any radio receiving device, musical instrument, phonograph, loud speaker,
sound amplifier or other machine or device for the production or reproduction of sound which is
cast upon the public streets or other public property within any residential zone for the purpose of
commercial advertising or which serves to attract the attention of the public to any building,
structure or vehicle in such a manner so as to create, or cause to be created, any noises or sounds
which are plainly audible at a distance of 200 feet or more from the source of the sound cast upon
the public streets or other public property or from the building, structure, or in the case of real
property, beyond the real property boundary, in which it is located, whichever is farthest, between
the hours of 7:00 a.m. and 10:00 p.m. Sunday through Thursday and between the hours of 7:00
a.m. and 12 midnight on Friday and Saturday .
d. Party noise. It is unlawful for any person or persons in charge of a party or other social event
that occurs on any private property to allow that party or social event to produce excessive noise
or impulsive noise in such a manner that such noise is plainly audible at a distance of 200 feet or
more from the building or structure from which the noise is emanating or in the case of real
property, beyond the real property boundary, on which the party or social event is located,
whichever is farthest, between the hours of 7:00 a.m. and 10:00 p.m. Sunday through Thursday
and between the hours of 7:00 a.m. and 12:00 midnight on Friday and Saturday and holidays. For
the purposes of this subsection, a "person in charge of a party or other social event" shall mean
any adult person who resides in or on the premises involved in such party or social event or the
adult responsible for having leased, rented or who manages the property or is otherwise responsible
therefore and is present at such party or social event. For the purposes of this subsection, "noise"
shall mean the same sounds, or any combination thereof, as described in paragraphs a. or b. above.
(2) Restrictions of 100 feet for 10:00 p.m. through 7:00 a.m. Sunday through Thursday and 12:00
midnight through 7:00 a.m. on Saturday and Sunday.
a. Mechanical sound-making devices. It is unlawful for any person or persons to play, use, operate,
or permit to be played, used, or operated any Mechanical Sound Making Devices at such a volume
and in such a manner so as to create, or cause to be created, any noises or sounds which are plainly
audible at a distance of 100 feet or more from the building, structure or vehicle, or in the case of
real property, beyond the property limits, in which it is located, whichever is farthest, between the
hours of 10:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 10:00 p.m.
and 7:00 a.m. on Friday and Saturday and holidays.
b. Human-produced sound. It is unlawful for any person or persons to yell, shout, hoot, whistle,
or sing on the public streets or sidewalks or on private property so as to create, or cause to be
created, any noises or sounds which are plainly audible at a distance of 100 feet or more from the
place on public streets and sidewalks, or in the case of private real property, beyond the real
property boundary, on which the person is located, whichever is farthest, between the hours of
10:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 10:00 p.m. and
7:00 a.m. on Saturday and Sunday and holidays.
- Page 136 -Item #11.
c. Commercial advertising. It is unlawful for any person or persons to use, operate, or permit to
be used or operated any radio receiving device, musical instrument, phonograph, loud speaker,
sound amplifier or other machine or device for the production or reproduction of sound which is
cast upon the public streets or other public property for the purpose of commercial advertising or
which serves to attract the attention of the public to any building, structure or vehicle in such a
manner so as to create, or cause to be created, any noises or sounds which are plainly audible at a
distance of 100 feet or more from the source of the sound cast upon the public streets or other
public property or from the building, structure, or in the case of real property, beyond the real
property boundary, in which it is located, whichever is farthest, between the hours of 10:00 p.m.
and 7:00 a.m. Sunday through Thursday and between the hours of 12:00 midnight and 7:00 a.m.
on Saturday and Sunday and holidays.
d. Party noise. It is unlawful for any person or persons in charge of a party or other social event
that occurs on any private property to allow that party or event to produce noise in such a manner
so as to such noise is plainly audible at a distance of 100 feet or more from the building or structure
from which the party noise is emanating or in the case of real property, beyond the real property
boundary, on which the party or social event is located, whichever is farthest, between the hours
of 10:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 10:00 p.m. and
7:00 a.m. on Saturday and Sunday and holidays. For the purposes of this subsection, a "person
in charge of a party or other social event" shall mean any adult person who resides in or on the
premises involved in such party or social event and is present at such party or social event or the
adult responsible for having leased, rented or who manages the property or is otherwise responsible
therefore. For the purposes of this subsection, "noise" shall mean the same sounds, or any
combination thereof, as described in paragraphs a. or b. above.
(3) Restrictions regarding noise produced by consumer fireworks between 10:00 a.m. and up to
and including 11:59 p.m. on all days. It is unlawful for any person to use, explode or cause to be
exploded any consumer fireworks to produce noise in such a manner that such noise is plainly
audible at a distance of 100 feet or more from the place, or in the case of real property, beyond the
property limits in which the fireworks are being used, exploded or caused to be exploded,
whichever is farthest, between the hours of 10:00 a.m. and 11:59 p.m. on all days. For the purposes
of this section, the term "consumer fireworks" shall have the meaning set forth in O.C.G.A. § 25-
10-1(a)(1), but such term shall not include those items excluded therefrom in O.C.G.A. § 25-10-
1(b) as such code section is enacted as of July 1, 2018 or as may be amended in the future.
(4) Restrictions for areas within apartments, condominiums, townhouses, duplexes, or other such
residential dwelling units.
Except for persons within commercial enterprises that have an adjoining property line or
boundary with a residential dwelling unit, it is unlawful for any person to make, continue,
or cause to be made or continued any excessive noise or impulsive noise in such a manner
as to be plainly audible to any other person a distance of five feet beyond the adjoining
property line wall or boundary of any apartment, condominium, townhouse, duplex, or
other such residential dwelling units with adjoining points of contact.
- Page 137 -Item #11.
For the purposes of this subsection, "noise" shall mean human-produced sounds of yelling,
shouting, whistling, singing, or mechanically-produced sounds made by radio-receiving device,
television, stereo, musical instrument, phonograph sound amplifier or other machines or devices
for the producing, reproducing, or amplifying of sound, or any combination thereof.
For the purposes of this subsection, "property line or boundary" shall mean an imaginary
line drawn through the points of contact of (1) adjoining apartments, condominiums, townhouses,
duplexes or other such residential dwelling units with adjoining points owned, rented, or leased by
different persons; or (2) adjoining common areas or adjoining exterior walls. Said property line or
boundary includes all points of a plane formed by projecting the property line or boundary
including the ceiling, the floor, and the walls.
(1)
(b) Prohibited conduct – Commercial and related Zones (C1,& C2, MD & Neighborhood Grocery
Store District).
1. . No person shall make, continue, or cause to be made or continued, except as permitted, any
noise disturbance, or any noise in excess of the limits for such noise established in this
section.
2. Maximum permissible sound levels. With the exception of sound levels elsewhere
specifically authorized by this article, table 1 sets forth the maximum permissible sound
levels allowed at or within the real property boundary of a receiving land use. Any activity or
use that produces a sound in excess of such noise levels for a receiving land use shall be
deemed a noise disturbance and is in violation of this article.
3. Measurement of sound. The measurement of sound or noise shall be made with a sound level
meter meeting the standards prescribed by the American National Standards Institute or its
successor body. The instrument shall be maintained in calibration and good working order.
Octave band corrections may be employed in meeting the response specification. A
calibration check shall be made of the system at the time of any noise measurement.
Measurements recorded shall be taken so as to provide a proper representation of the noise
source. The microphone used during measurement shall be positioned so as not to create any
unnatural enhancement or diminution of the measured noise. A windscreen for the
microphone shall be used when required. Traffic, other transportation noise sources and other
background noises shall not be considered in taking measurements except where such
background noise interferes with the primary noise being measured. It is the intention that
this sound to be measured is what is being created by the subject sound or the sound being
investigated complained of excluding intruding noises from isolated identifiable sources, but
including ambient sound level. The measure of all sound levels shall be made as close to the
property line of thea receiving land use as is practical.
TABLE 1
Sound Levels by Receiving Land Use
Formatted: Font:
- Page 138 -Item #11.
Zoning Category of
Receiving Land Time(3)Use(1) Sound Level Limit, dBA(4)
Residential (2) At all times 60
Commercial At all times 75
(1) As set forth in the Land Development Code.
(2) Any zoning district containing the letter "R."
(3) Unless otherwise stated in this article.
(4) For any source of sound which emits a pure tone, the maximum sound level limits set
shall be reduced by five dBA.
(c) Equipment use restrictions. Regardless of the other provisions of this Article, the following
equipment may not be operated between the time of sunset and 7:00 a.m.: Monday-Friday and on
Saturday and Sunday the time of sunset to 10:00 a.m.:
(1) Electrical power tools.
(2) Motor powered, muffler equipped lawn, garden, and tree trimming equipment except residential
lawn mowers.
(3) Construction equipment, which includes landscaper's lawn mowers and other landscaping
motorized equipment.
(4) Construction noise . Between the hours of 11:00 p.m. and 6:00 a.m., construction noise of any
type, including, but not limited to, noise caused by the erection (including excavation), demolition,
alteration, or repair of any building, as well as the operation of any earth -moving equipment, crane,
saw, drill, pile driver, steam shovel, pneumatic hammer, hoist, automatic nailer or stapler, or any
similar equipment, shall not be plainly audible within any residential zoning district more than 100
feet beyond the property boundary of the property from which the no ise emanates.
A variance from the above-referenced hours of operation for construction noise may be requested,
in writing, at least 48 hours prior to the proposed construction operation, for consideration by the
Director of the Building Inspections and Permit Department. Such a request shall state:
1)The reasons that support a claim of urgent need based on specific loss or inconvenience
for such a variation from the allowable work hours;
2)The impact that the denial of this request would have on the appli cant's project and the
surrounding properties;
3)The steps which have been taken by the applicant to communicate those needs and
impacts to owners of surrounding and nearby properties;
4)The steps that have or will be taken to limit the impact of the propo sed activity upon
surrounding and nearby properties; and
5)The possible risks to public health and safety.
- Page 139 -Item #11.
If the Director finds that the application adequately demonstrates the urgent need for a
variance from the above allowable work hours, adequately pr ovides for mitigation of the
impact upon surrounding and nearby properties, and poses no additional risk to public
health and safety, then permission shall be granted for a variance to alter the allowable
work hours during one ten-day period.
(Code 1983, § 11-3-4; Ord. of 4-29-2005; Ord. of 7-26-2007)
Sec. 22-112
(d) For any property in any zoning district not expressly covered or referred to above, the noise
restrictions shall be those contained in 22 -112(a) (residential and related zones) at the times and the
days indicated in such sub-section. In the event any conditionally zoned property has specific sound
or noise restrictions as part of its conditional zoning, those specified restrictions shall be applicable
and such restrictions shall have the same enforcement process as specified therein. In the event no
specific sound or noise restrictions are imposed on any conditionally zoned property existing as of the
date of enactment of this ordinance or here after created, such restrictions shall be as specified in
Section 22-112(a) for the times and days specified therein.
SECTION II
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION III
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee
Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
intention.
SECTION IV
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
The Code of the City of Tybee Island, Georgia.
This Ordinance shall become effective on ________ day of __________________,
2021.
ADOPTED THIS __ DAY OF ___ , 2021.
Formatted: Font: Not Italic
- Page 140 -Item #11.
_________________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
- Page 141 -Item #11.
ORDINANCE NO. 2021-05
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF TYBEE
ISLAND SO AS TO REVISE PROVISIONS ADDRESSING PROHIBITED NOISE THAT IS
UNREASONABLY LOUD, RAUCOUS, JARRING, DISTURBING OR A NUISANCE
WITHIN THE AREA OF AUDIBILITY AND TO REPEAL INCONSISTENT OR
CONFLICTING ORDINANCES AND TO ELIMINATE PROVISIONS REGARDING
DECIBEL LEVELS FOR THE CONTROL OR MEASUREMENT OF NOISE IN CERTAIN
AREAS AND SUBSTITUTING IN LIEU THEREOF A STANDARD OF PLAINLY
AUDIBLE FROM A SPECIFIED DISTANCE FOR DETERMINATIONS OF OFFENSIVE OR
PROHIBITED NOISE AND TO RECOGNIZE THE ADOPTION OF CIVIL PENALTIES FOR
OFFENSES INCLUDING PROHIBITED NOISE, FOR THE REPEAL OR CONFLICTING
ORDINANCES, TO ESTABLISH AN EFFECTIVE DATE AND TO AUTHORIZE THE
ENFORCEMENT THEREOF
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to
adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the
citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under its police and home
rule powers; and
WHEREAS, the control of sound and sound making devices which produce noise at levels
that are unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of
audibility is necessary for the peace and wellbeing of residents and visitors to the City; and
WHEREAS, Tybee Island is unique in the location of business establishments, a county
pier where events are conducted and residential dwellings that coexist in close proximity to
commercial establishments that provide gatherings, music and other sources of sound; and
- Page 142 -Item #11.
WHEREAS, wind directions and wind speed can have significant impacts on the
distribution of sounds; and
WHEREAS, in order to permit commercial operations including restaurants and
entertainment locations to properly monitor their own sound levels and to determine when they
are or may be potentially in violation of the noise ordinance, it is advisable to have a decibel
standard in commercial and similar zones; and
WHEREAS, the City of Tybee Island has for in excess of 15 years explored alternative
methods of addressing noise, noise complaints, disorderly behavior in various residential and other
areas; and
WHEREAS, the City has attempted to improve the peace, tranquility and health and safety
of residents and occupants of residential dwellings by controlling or limiting unreasonably loud
noises through sound level controls based on decibel levels and in the opinion of many, the efforts
have not been as successful in residential areas as desired; and
WHEREAS, court decisions upholding the constitutionality of the restrictions on noise and
noise producing activity where doing so creates "plainly audible" disturbances too occupants of
nearby properties have been recognized and resulted in successful prohibitions and prosecutions;
and
WHEREAS, the City of Tybee Island has adopted several zoning districts and it is the
intention herein that all districts be the subject of sound and excessively loud noise or sound
restrictions; and
WHEREAS, the City of Tybee Island has previously adopted administrative procedures
for civil penalties for certain Code violations which can include unreasonably loud noise
violations;
- Page 143 -Item #11.
NOW THEREFORE, it is hereby ordained by the governing authority of the City of Tybee
Island duly assembled as follows:
SECTION I
Existing Tybee Code Sections identified as Article 4 of Chapter 22 "Noises" Sections 22-
110 through 22-112 are hereby repealed in their entirety and are replaced with the Code Sections
hereinafter set forth and designated numerically as hereinafter set forth.
ARTICLE IV. NOISES
Sec. 22-110. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Construction means any site preparation, assembly, erection, substantial repair, alteration, or similar
action, for or of public or private rights-of-way, structures, utilities, or similar property.
Demolition means any dismantling, intentional destruction or removal of structures, utilities, public or
private right-of-way surfaces, or similar property.
Emergency means any occurrence or set of circumstances involving actual or imminent physical or
psychological trauma or property damage which demands immediate action.
Emergency work means any work performed for the purpose of alleviating or resolving an emergency.
Enclosed Building means all space between a floor and ceiling that is enclosed on all sides by solid
walls or windows, exclusive of doorways, which extend from the floor to the ceiling.
Excessively loud noise or sound. Any sound which, in light of the surrounding circumstances,
including the normal level of ambient noise, is unreasonably loud, or which would annoy or disturb a
person of reasonable sensibilities in his home or dwelling, or in any public area or place of public
accessibility, including but not limited to the beach and commercial establishments;
Holidays means those holidays recognized by the U.S. Office of Personnel Management.
Impulsive sound. Sound of short duration, with an abrupt onset and rapid decay
- Page 144 -Item #11.
Mechanical Sound Making Devices means any radio receiving device, television, stereo, musical
instrument, phonograph sound amplifier or other machines or devices for the producing, reproducing
or amplifying of sound and/or noise.
Motor vehicle means any motor-operated vehicle licensed for use on the public highways, but not
including a motorcycle.
Motorboat means any vessel which operates on water and which is propelled by a motor, including,
but not limited to, boats, barges, amphibious craft, water ski towing devices and hover craft.
Motorcycle means any motor vehicle having a saddle or seat for the use of the rider and designed to
travel on not more than three wheels in contact with the ground. The term shall include, but not be
limited to, motorized bicycles and motor scooters.
Noise means any sound which disturbs humans or which causes or tends to cause an adverse
psychological or physiological effect on humans.
Noisy Assembly means any gathering of more than one (1) person which creates noise.
Noise disturbance means any sound which endangers or injures the welfare, safety or health of human
beings, or disturbs a reasonable person of normal sensitivities, or devalues or injures personal or real
property, or is hereinafter defined.
Noise sensitive activities means activities which should be conducted under conditions of exceptional
quiet including, but not limited to, operation of schools, libraries open to the public, churches,
hospitals, and nursing homes.
Noise sensitive area means any area designated for the purpose of ensuring exceptional quiet and
clearly posted with "noise sensitive area" signs, because of the noise sensitive activities conducted
therein.
Official Public event means any event put on by, adopted, approved or endorsed by the City.
Person means any individual, partnership, firm, association, joint venture, public or private
corporation, trust, estate, commission, board, public or private institution, utility, operative, state
agency, municipality or other political subdivisions of this state, any interstate body, or any other legal
entity.
Plainly audible shall mean any sound emanating from the specific sound-producing sources set forth
below which can be heard from the distances set forth below, using the following sound measurement
standards: Measurement shall be by the auditory senses of a person standing at a distance no less than the
required minimum distance from the source of the sound. For music and other noise, words and phrases
need not be discernable. For music and other noise, bass reverberations are included.
Powered model vehicle means any self-propelled airborne, waterborne, or land borne model plane,
vessel, or vehicle, which is not designed to carry persons, including, but not limited to any model
airplane, boat, car or rocket.
- Page 145 -Item #11.
Public right-of-way means any street, avenue, boulevard, highway, sidewalk, lane or similar place
which is owned or controlled by a governmental entity.
Public space means any real property, including any structure thereon, which is owned or controlled
by a governmental entity.
Public works project means any project financed by public funds such as roads, highways, bridges or
other construction on public or government owned property. It does not include projects merely
approved by mayor and council.
Real property boundary means an imaginary line along the ground surface, and its vertical extension,
which separates the real property owned by one person from that owned by another person, but not
including intra-building real property divisions.
Residential means any property on which is located a building or structure used wholly or partially for
living or sleeping purposes.
School means any place of learning or caring for children, both public and private.
Sound means an oscillation in pressure, particle displacement, particle velocity or other physical
parameter, in a medium with internal forces that cause compression and rarefaction of that medium.
The description of sound may include any characteristic of such sound, including duration, intensity
and frequency.
Used means and includes the words "intended,", "designed," or "arranged to be used. "
(Code 1983, § 11-3-2)
Zoned or zone as used herein means the areas designated in the City Land Development Code and
depicted in the City Zoning Map.
Sec. 22-111. Exceptions.
The provisions of this article shall not apply to:
(1) The emission of sound for the purpose of alerting persons to the existence of an emergency;
(2) The emission of sound in the performance of emergency work by City or City Contractor;
(3) Noises and/or sounds caused to be made by manufacturing, governmental, or commercial entities
in the normal course of their business, however, the production of sound by gathering of persons,
music or entertainment activities by restaurants, bars and/or similar establishments shall not be exempt
under this subsection;
(4) Agricultural activities, exclusive of those involving the ownership or possession of animals or
birds;
(5) Public mass transportation vehicles;
(6) Church or clock carillons, bells, or chimes;
- Page 146 -Item #11.
(7) The emission of sound in the discharge of weapons or in fireworks displays for which a permit
has been issued;
(8) Public works projects;
(9) Noises and/or sounds that are permitted by a special event permit pursuant to section 54-70,
et seq; provided, however, that the producer or coordinator of the special event must comply with
the terms, restrictions and conditions of the special event permit;
(10) Sound volumes produced by radio, tape player, or other mechanical sound making device or
instrument from within a motor vehicle on a street or highway, which sound is controlled by
O.C.G.A. § 40-6-14;
(11) Noises or sounds made by law enforcement and other public safety officials performing their
public functions;
(12) The emission of sound from a public space during an official public event; or
(13) The emission of sound from a school or church during the regular scheduled hours of operation
or during special events.
(Code 1983, § 11-3-3)
(14) Noises or sounds made by the exploding of consumer fireworks on January 1, the last Saturday
and Sunday in May, July 3, July 4, the first Monday in September, and December 31 of each year after
10:00 a.m. and up to and including the time of 11:59 p.m.; and on January 1 of each year beginning at
the time of 12:00 Midnight and up to and including the ending time of 1:00 a.m.
(15) Generators during times of power outages.
Sec. 22-112. Noise disturbance prohibited
(a) Prohibited conduct – Residential and related Zones (R1, R1b, RT, R2 and PUD).
(1) Restrictions of 200 feet for 7:00 a.m. through 10:00 p.m. Sunday through Thursday and
7:00 a.m. through 12:00 midnight on Friday and Saturday and holidays.
a. Mechanical sound-making devices. It is unlawful for any person or persons to play, use, operate,
or permit to be played, used, or operated any Mechanical Sound Making Devices at such a volume
and in such a manner so as to create, or cause to be created, any excessively loud noises or sounds
or impulsive sounds which are plainly audible at a distance of 200 feet or more from the building,
structure or vehicle, or in the case of real property, beyond the property limits, in which it is
located, whichever is farthest, between the hours of 7:00 a.m. and 10:00 p.m. Sunday through
Thursday and between the hours of 7:00 a.m. and 12:00 midnight on Friday and Saturday and
holidays.
b. Human-produced sounds. It is unlawful for any person or persons to yell, shout, whistle, or sing
on the public streets or sidewalks or on private property so as to create, or cause to be created,
any excessive noises or sounds or impulsive sounds which are plainly audible at a distance of 200
feet or more from the place, building, structure, or in the case of real property, beyond the real
property boundary, in which the person is located, whichever is farthest, between the hours of 7:00
a.m. and 10:00 p.m. Sunday through Thursday and between the hours of 7:00 a.m. and 12:00
midnight on Friday and Saturday and holidays which are which are of such character, intensity
and duration to disturb the peace and quiet of the neighborhood.
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c. Commercial advertising. It is unlawful for any person or persons to use, operate, or permit to
be used or operated any radio receiving device, musical instrument, phonograph, loud speaker,
sound amplifier or other machine or device for the production or reproduction of sound which is
cast upon the public streets or other public property within any residential zone for the purpose of
commercial advertising or which serves to attract the attention of the public to any building,
structure or vehicle in such a manner so as to create, or cause to be created, any noises or sounds
which are plainly audible at a distance of 200 feet or more from the source of the sound cast upon
the public streets or other public property or from the building, structure, or in the case of real
property, beyond the real property boundary, in which it is located, whichever is farthest, between
the hours of 7:00 a.m. and 10:00 p.m. Sunday through Thursday and between the hours of 7:00
a.m. and 12 midnight on Friday and Saturday .
d. Party noise. It is unlawful for any person or persons in charge of a party or other social event
that occurs on any private property to allow that party or social event to produce excessive noise
or impulsive noise in such a manner that such noise is plainly audible at a distance of 200 feet or
more from the building or structure from which the noise is emanating or in the case of real
property, beyond the real property boundary, on which the party or social event is located,
whichever is farthest, between the hours of 7:00 a.m. and 10:00 p.m. Sunday through Thursday
and between the hours of 7:00 a.m. and 12:00 midnight on Friday and Saturday and holidays. For
the purposes of this subsection, a "person in charge of a party or other social event" shall mean
any adult person who resides in or on the premises involved in such party or social event or the
adult responsible for having leased, rented or who manages the property or is otherwise responsible
therefore and is present at such party or social event. For the purposes of this subsection, "noise"
shall mean the same sounds, or any combination thereof, as described in paragraphs a. or b. above.
(2) Restrictions of 100 feet for 10:00 p.m. through 7:00 a.m. Sunday through Thursday and 12:00
midnight through 7:00 a.m. on Saturday and Sunday.
a. Mechanical sound-making devices. It is unlawful for any person or persons to play, use, operate,
or permit to be played, used, or operated any Mechanical Sound Making Devices at such a volume
and in such a manner so as to create, or cause to be created, any noises or sounds which are plainly
audible at a distance of 100 feet or more from the building, structure or vehicle, or in the case of
real property, beyond the property limits, in which it is located, whichever is farthest, between the
hours of 10:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 10:00 p.m.
and 7:00 a.m. on Friday and Saturday and holidays.
b. Human-produced sound. It is unlawful for any person or persons to yell, shout, hoot, whistle,
or sing on the public streets or sidewalks or on private property so as to create, or cause to be
created, any noises or sounds which are plainly audible at a distance of 100 feet or more from the
place on public streets and sidewalks, or in the case of private real property, beyond the real
property boundary, on which the person is located, whichever is farthest, between the hours of
10:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 10:00 p.m. and
7:00 a.m. on Saturday and Sunday and holidays.
- Page 148 -Item #11.
c. Commercial advertising. It is unlawful for any person or persons to use, operate, or permit to
be used or operated any radio receiving device, musical instrument, phonograph, loud speaker,
sound amplifier or other machine or device for the production or reproduction of sound which is
cast upon the public streets or other public property for the purpose of commercial advertising or
which serves to attract the attention of the public to any building, structure or vehicle in such a
manner so as to create, or cause to be created, any noises or sounds which are plainly audible at a
distance of 100 feet or more from the source of the sound cast upon the public streets or other
public property or from the building, structure, or in the case of real property, beyond the real
property boundary, in which it is located, whichever is farthest, between the hours of 10:00 p.m.
and 7:00 a.m. Sunday through Thursday and between the hours of 12:00 midnight and 7:00 a.m.
on Saturday and Sunday and holidays.
d. Party noise. It is unlawful for any person or persons in charge of a party or other social event
that occurs on any private property to allow that party or event to produce noise in such a manner
so as to such noise is plainly audible at a distance of 100 feet or more from the building or structure
from which the party noise is emanating or in the case of real property, beyond the real property
boundary, on which the party or social event is located, whichever is farthest, between the hours
of 10:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 10:00 p.m. and
7:00 a.m. on Saturday and Sunday and holidays. For the purposes of this subsection, a "person
in charge of a party or other social event" shall mean any adult person who resides in or on the
premises involved in such party or social event and is present at such party or social event or the
adult responsible for having leased, rented or who manages the property or is otherwise responsible
therefore. For the purposes of this subsection, "noise" shall mean the same sounds, or any
combination thereof, as described in paragraphs a. or b. above.
(3) Restrictions regarding noise produced by consumer fireworks between 10:00 a.m. and up to
and including 11:59 p.m. on all days. It is unlawful for any person to use, explode or cause to be
exploded any consumer fireworks to produce noise in such a manner that such noise is plainly
audible at a distance of 100 feet or more from the place, or in the case of real property, beyond the
property limits in which the fireworks are being used, exploded or caused to be exploded,
whichever is farthest, between the hours of 10:00 a.m. and 11:59 p.m. on all days. For the purposes
of this section, the term "consumer fireworks" shall have the meaning set forth in O.C.G.A. § 25-
10-1(a)(1), but such term shall not include those items excluded therefrom in O.C.G.A. § 25-10-
1(b) as such code section is enacted as of July 1, 2018 or as may be amended in the future.
(4) Restrictions for areas within apartments, condominiums, townhouses, duplexes, or other such
residential dwelling units.
Except for persons within commercial enterprises that have an adjoining property line or
boundary with a residential dwelling unit, it is unlawful for any person to make, continue,
or cause to be made or continued any excessive noise or impulsive noise in such a manner
as to be plainly audible to any other person a distance of five feet beyond the adjoining
property line wall or boundary of any apartment, condominium, townhouse, duplex, or
other such residential dwelling units with adjoining points of contact.
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For the purposes of this subsection, "noise" shall mean human-produced sounds of yelling,
shouting, whistling, singing, or mechanically-produced sounds made by radio-receiving device,
television, stereo, musical instrument, phonograph sound amplifier or other machines or devices
for the producing, reproducing, or amplifying of sound, or any combination thereof.
For the purposes of this subsection, "property line or boundary" shall mean an imaginary
line drawn through the points of contact of (1) adjoining apartments, condominiums, townhouses,
duplexes or other such residential dwelling units with adjoining points owned, rented, or leased by
different persons; or (2) adjoining common areas or adjoining exterior walls. Said property line or
boundary includes all points of a plane formed by projecting the property line or boundary
including the ceiling, the floor, and the walls.
(1)
(b) Prohibited conduct – Commercial and related Zones (C1, C2, MD & Neighborhood Grocery
Store District).
1. . No person shall make, continue, or cause to be made or continued, except as permitted, any
noise disturbance, or any noise in excess of the limits for such noise established in this
section.
2. Maximum permissible sound levels. With the exception of sound levels elsewhere
specifically authorized by this article, table 1 sets forth the maximum permissible sound
levels allowed at or within the real property boundary of a receiving land use. Any activity or
use that produces a sound in excess of such noise levels for a receiving land use shall be
deemed a noise disturbance and is in violation of this article.
3. Measurement of sound. The measurement of sound or noise shall be made with a sound level
meter meeting the standards prescribed by the American National Standards Institute or its
successor body. The instrument shall be maintained in calibration and good working order.
Octave band corrections may be employed in meeting the response specification. A
calibration check shall be made of the system at the time of any noise measurement.
Measurements recorded shall be taken so as to provide a proper representation of the noise
source. The microphone used during measurement shall be positioned so as not to create any
unnatural enhancement or diminution of the measured noise. A windscreen for the
microphone shall be used when required. Traffic, other transportation noise sources and other
background noises shall not be considered in taking measurements except where such
background noise interferes with the primary noise being measured. It is the intention that
this sound to be measured is what is being created by the subject sound or the sound being
investigated excluding intruding noises from isolated identifiable sources, but including
ambient sound level. The measure of all sound levels shall be made as close to the property
line of a receiving land use as is practical.
TABLE 1
Sound Levels by Receiving Land Use
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Zoning Category of
Receiving Land Time(3)Use(1) Sound Level Limit, dBA(4)
Residential (2) At all times 60
Commercial At all times 75
(1) As set forth in the Land Development Code.
(2) Any zoning district containing the letter "R."
(3) Unless otherwise stated in this article.
(4) For any source of sound which emits a pure tone, the maximum sound level limits set
shall be reduced by five dBA.
(c) Equipment use restrictions. Regardless of the other provisions of this Article, the following
equipment may not be operated between the time of sunset and 7:00 a.m.: Monday-Friday and on
Saturday and Sunday the time of sunset to 10:00 a.m.:
(1) Electrical power tools.
(2) Motor powered, muffler equipped lawn, garden, and tree trimming equipment except residential
lawn mowers.
(3) Construction equipment, which includes landscaper's lawn mowers and other landscaping
motorized equipment.
(4) Construction noise . Between the hours of 11:00 p.m. and 6:00 a.m., construction noise of any
type, including, but not limited to, noise caused by the erection (including excavation), demolition,
alteration, or repair of any building, as well as the operation of any earth-moving equipment, crane,
saw, drill, pile driver, steam shovel, pneumatic hammer, hoist, automatic nailer or stapler, or any
similar equipment, shall not be plainly audible within any residential zoning district more than 100
feet beyond the property boundary of the property from which the noise emanates.
A variance from the above-referenced hours of operation for construction noise may be requested,
in writing, at least 48 hours prior to the proposed construction operation, for consideration by the
Director of the Building Inspections and Permit Department. Such a request shall state:
1)The reasons that support a claim of urgent need based on specific loss or inconvenience
for such a variation from the allowable work hours;
2)The impact that the denial of this request would have on the applicant's project and the
surrounding properties;
3)The steps which have been taken by the applicant to communicate those needs and
impacts to owners of surrounding and nearby properties;
4)The steps that have or will be taken to limit the impact of the proposed activity upon
surrounding and nearby properties; and
5)The possible risks to public health and safety.
- Page 151 -Item #11.
If the Director finds that the application adequately demonstrates the urgent need for a
variance from the above allowable work hours, adequately provides for miti gation of the
impact upon surrounding and nearby properties, and poses no additional risk to public
health and safety, then permission shall be granted for a variance to alter the allowable
work hours during one ten-day period.
(Code 1983, § 11-3-4; Ord. of 4-29-2005; Ord. of 7-26-2007)
Sec. 22-112
(d) For any property in any zoning district not expressly covered or referred to above, the noise
restrictions shall be those contained in 22-112(a) (residential and related zones) at the times and the
days indicated in such sub-section. In the event any conditionally zoned property has specific sound
or noise restrictions as part of its conditional zoning, those specified restrictions shall be applicable
and such restrictions shall have the same enforcement process as specified therein. In the event no
specific sound or noise restrictions are imposed on any conditionally zoned property existing as of the
date of enactment of this ordinance or here after created, such restrictions shall be as specified in
Section 22-112(a) for the times and days specified therein.
SECTION II
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION III
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee
Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
intention.
SECTION IV
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
The Code of the City of Tybee Island, Georgia.
This Ordinance shall become effective on ________ day of __________________,
2021.
ADOPTED THIS __ DAY OF ___ , 2021.
- Page 152 -Item #11.
_________________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
- Page 153 -Item #11.
File Attachments for Item:
12. First Reading, 2021-06, Administrative Fines
- Page 154 -Item #12.
ORDINANCE NO. 2021-06
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES SO AS TO REVISE
AND AMEND THE ADMINISTRATIVE ENFORCEMENT OF SPECIFIED CITY
ORDINANCES SUBJECT TO CIVIL PENALTIES AS OPPOSED TO CRIMINAL
OFFENSES AND TO PROVIDE FOR THE ADDITION OF CIVIL OFFENSES AND
TO PROVIDE FOR THE PENALTIES FOR SUCH OFFENSES TO BE APPROVED
BY THE MAYOR AND COUNCIL AND MAINTAINED ON A LIST IN THE CITY
CLERK'S OFFICE AND IN THE OFFICE OF THE CITY MARSHAL AND TO
ESTABLISH AN EFFECTIVE DATE AND TO REPEAL ANY INCONSISTENT
ORDINANCES
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the
State of Georgia to adopt reasonable ordinances to protect and improve the public health,
safety, and welfare of the citizens of Tybee Island, Georgia; and
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia, is the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under it police,
zoning, and home rule powers; and
WHEREAS, the City previously adopted an ordinance establishing a system for
administrative penalties for various offenses to wit: Ordinance Number 2020-03; and
WHEREAS, the ordinance of 2020-03 needs to be revised so as to include an
addition thereto identify further offenses subject to administrative penalties; and
WHEREAS, an ordinance should more accurately establish civil penalties for
certain offenses based upon the recommendations of the City Marshal or his or her
designee.
NOW, THEREFORE, it is hereby ordained by the governing authority of the City
of Tybee Island that Section 43.1(a) is hereby amended as follows:
- Page 155 -Item #12.
SECTION 1
The ordinances to which administrative procedures may apply include each
ordinance on the list maintained following its approval by the Mayor and Council with the
civil penalty applicable to each such violation as provided on such list. The current list is
incorporated herein by reference and a copy of this initial list is attached hereto and shall
be deemed to be a part hereof: is attached hereto as "Exhibit A" and shall be and become a
part of the Code of Ordinances of the City and shall be governed by the penalties as
provided herein and in accordance with the procedures established in Sections 43.1, 43.2,
43.3 as now existing or hereafter amended. The offenses and penalties listed in ordinance
No. 2020-03, Section 43.1 are repealed and replaced with those attached hereto.
SECTION 2
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION 3
It is the intention of the governing body, and it is hereby ordained, that the
provisions of this ordinance shall become effective and be made a part of the Code of
Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be
renumbered to accomplish such intention.
SECTION 4
This ordinance shall be effective upon its adoption by the Mayor and Council
pursuant to the ordinances of the City.
ADOPTED THIS DAY OF , 2021.
- Page 156 -Item #12.
______________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING: ______
SECOND READING: ______
ENACTED:
- Page 157 -Item #12.
Proposed fee schedule with corresponding expansion of
administrative civil penalties
$300
Glass or breakable containers 12-1(3)
Pets on beach 12-1(4)
Motorized vehicle on beach 12-1(5)
Motorized watercraft 12-1(6)
Commands of lifeguards 12-1-(10)
Nudity 12-1(12)
Jumping or diving from pier or public structure 12-1(14)
Removal of live animals 12-1(17)
Off-limits (Sandbar) 12-1(20)
Building permit 9-030 (2nd offense)
Stop work order 9-030 (2nd offense)
Noise disturbance prohibited (22-112) (2nd offense)
Restrictions on dogs running at large 10-2 (3rd offense)
Vicious animals 10-17
Cruelty to animals 10-10
Animal neglect 10-13
Animal confinement and left unattended in parked car 10-16.
Prohibited beverage containers in public areas 42-3
Occupants or owners to keep premises free of litter, debris and junk materials 22-70 (3rd
offense)
Occupant or owners to keep premises free of derelict vehicles and boats 22-71 (3rd offense)
- Page 158 -Item #12.
Proposed fee schedule with corresponding expansion of
administrative civil penalties
$100
Disturbing dune vegetation 12-1-8
Obstruction to visions at street intersections 3-050
Building permit 9-030 (1st offense)
Graffiti prohibited 22-224
Swimming area 12-1-1
Fires 12-1-7
Beer Kegs 12-1-13
Sales or soliciting sales on the beach 12-1-18
Obstructions and equipment on the beach prohibited 12 -1-19
Stop work order 9-030 (1st offense)
Restrictions on dogs running at large 10-2 (2nd offense)
Occupants or owners to keep premises free of litter, debris and junk materials 22-70 (2nd
offense)
Occupant or owners to keep premises free of derelict vehicles and boats 22-71 (2nd offense)
Rabies inoculations; required for dogs and cats 10-19
Noise disturbance prohibited 22-112 (1st offense)
Private parking lots 3-250
Fires made within city prohibited; exceptions 26-71
Signs. 34-264
Unique location identification number required. 34 -265
- Page 159 -Item #12.
Proposed fee schedule with corresponding expansion of
administrative civil penalties
$50
Sleeping in public areas. 42-63
Obstruction of public passageways. 42-62
License required. 34-29
Keeping of animals; sanitation. 10-3
Distance of animal enclosures from buildings. 10-4
Nuisances. 10-5
Tethering. 10-14
Registration of dogs and cats. 10-18
Notification regarding tag requirement. 10-20
Sanitary requirements for a dog's waste; owner's responsibility 10-27
Unlawful acts. (Peddlers, Solicitors, Canvassers) 34-167
Building numbering required; penalty. 54-1
Building number placement. 54-2.
Sidewalks, parking areas, not to be obstructed or damaged. 54-42
Nuisances declared. 22-29
Signs, notices and handouts. 22-168
Building waste—Accumulations prohibited. 22-169
Weeds and other growths—Notices to cut or remove. 22-172
Disposal of refuse. 22-194
Traffic safety (signs) 6-030
Obsolete/abandoned signs. 6-050
Unsafe signs. 6-060
Prohibited signs. . 6-070
Placement of litter 12-1-2
Storage practices 22-192 (Commercial Dumpster)
- Page 160 -Item #12.
Proposed fee schedule with corresponding expansion of
administrative civil penalties
Smoking in prohibited area
- Page 161 -Item #12.
File Attachments for Item:
13. First Reading, 2021-07, Code Review, Chapter 2, Administration
- Page 162 -Item #13.
ORDINANCE NO.: 2021-_____
AN ORDINANCE TO AMEND SECTIONS OF CHAPTER 2 OF THE CODE OF
ORDINANCES OF THE CITY IN ORDER TO MAKE REVISIONS THEREOF AND TO
CLARIFY CERTAIN PROVISIONS, TO CORRECT ERRORS AND TO ADD
PROVISIONS IN CHAPTER 2 REGARDING ADMINISTRATION, TO ESTABLISH AN
EFFECTIVE DATE AND FOR OTHER PURPOSES
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the
State of Georgia to adopt reasonable ordinances to protect and improve the public
health, safety, and welfare of the citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia, is the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under its police
and home rule powers; and
WHEREAS, members of the public and staff designated as the "Code Review
Group" worked diligently and in detail to review the entire City Code and to make
recommendations for clarifications and improvements therein; and
WHEREAS, the City Council desires to adopt changes to the Code as
recommended by the code review group; and
WHEREAS, the efforts of the code review group are recognized, appreciated and
intended to be implemented.
NOW, THEREFORE, it is hereby ordained by the governing authority of the City
of Tybee Island as follows:
- Page 163 -Item #13.
Those sections listed below are to be amended so as to be worded as stated on
the attached revisions to sections: 2-106; 2-164; 2-214; 2-263; 2-665 to 2-669; 2-292 to
2-296; 2-336 to 2-340; 2-400 and 2-401 to 2-422.
SECTION I
All ordinances and parts of ordinances in conflict herewith are expressly
repealed.
SECTION II
It is the intention of the governing body, and it is hereby ordained, that the
provisions of this ordinance shall become effective and be made a part of the C ode of
Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be
renumbered to accomplish such intention.
SECTION III
This ordinance shall be effective upon its adoption by the Mayor and Council
pursuant to The Code of the City of Tybee Island, Georgia.
This Ordinance shall become effective on _____ day of ____________, 2021.
ADOPTED THIS __ DAY OF ___ , 2021.
_____________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
- Page 164 -Item #13.
Chapter 2 - ADMINISTRATION
ARTICLE III. - OFFICERS AND EMPLOYEES
Sec. 2-106. - Code of ethics for city officials.
(a) Generally.
(1) The public judges its government by the way public officials and
employees conduct themselves in the posts to which they are elected
or appointed.
(2) All government, of right, originates with the people, is founded upon
their will only, and is instituted solely for the good of the whole. Public
officers are the trustees and servants of the people and are at all times
amenable to them. Ga. Const. art. I, § 2, ¶ 1.
(3) The people of this state have the inherent right of regulating their
internal government. Government is instituted for the protection,
security, and benefit of the people; and at all times they have the right
to alter or reform the same whenever the public good may require it.
Ga. Const. art. I, § 2, ¶ 2.
(4) The people have a right to expect that every public official will
conduct himself in a manner that will tend to preserve public
confidence in and respect for the government he represents.
(5) Such confidence and respect can best be promoted if every public
official, whether paid or unpaid, and whether elected or appointed, will
uniformly:
a. Treat all citizens with courtesy, impartiality, and equality under
the law; and
b. Avoid conflicts between their private self-interest and the public
interest.
(b) Purpose.
(1) It is the policy of the city that the proper operation of democratic
government requires that public officials be independent, impartial
and responsible to the people; that governmental decisions and policy
be made in proper channels of the governmental structure; that public
office not be used for personal gain; and that the public have
- Page 165 -Item #13.
confidence in the integrity of its government. In recognition of these
goals, a code of ethics for all city officials and employees is adopted.
(2) This code has the following purposes:
a. To encourage high ethical standards in official conduct by city
officials;
b. To establish guidelines for ethical standards of conduct for all
such officials and employees by setting forth those acts or actions
that are incompatible with the best interest of the city;
c. To require disclosure by such officials of private financial or other
interest in matters that affect the city; and
d. To serve as a basis for disciplining those who refuse to abide by
its terms.
(3) The provisions of this section shall not apply to political
contributions, loans, expenditures, reports or regulations of political
campaigns or the conduct of candidates in such campaigns.
(c) Scope of persons covered. The provisions of this code of ethics shall
be applicable to all members of the city council, planning and zoning
commission, board of zoning appeals, all advisory commissions, and
committee members and all employees of the city.
(d) Definitions. The following words, terms and phrases, when used in this
section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
City official and official, unless otherwise expressly defined, means the
mayor, members of the city council, city attorney, municipal court judges
(including substitute judges), city manager, assistant city managers, city
clerk or clerk of council, deputy city clerks, whether such person is salaried,
hired or elected, and all other persons holding positions designated by the
city Charter, as it may be amended from time to time. City officials, unless
otherwise expressly defined, includes individuals appointed by the mayor and city
council to all city commissions, committees, boards, task force, or other city bodie s
unless specifically exempted from this section by the city council.
City official shall be any person who is an elected official of the City of Tybee
Island and anyone appointed by the mayor and council of the city to any board,
commission, authority, or position of the city. City official shall not include paid
employees of the city who come under the city manager's control or the city manager,
city attorney, city clerk, or a municipal court judge. A paid employee under the control
Formatted: Font: 12 pt, Font color: Red
Formatted: Font: 12 pt
- Page 166 -Item #13.
of the city manager, the city manager, the city clerk, the city attorney and the
municipal court judges s hall be held to the same ethical standards as a "city official."
Decision means any ordinance, resolution, contract, franchise, formal action or
other matter voted on by the city council or other city board or commission, as well as
the discussions or deliberations of the council, board, or commission which can or may
lead to a vote or formal action by that body.
Discretionary authority means the power to exercise any judgment in a decision or
action.
Entity means a sole proprietorship, partnership, limited partnership, firm,
corporation, professional corporation, holding company, joint stock company,
receivership, trust or any other entity recognized by law through which business may be
conducted.
Immediate family means spouse, mother, father, brother, sister, son, or daughter of
any city official or employee.
Incidental interest means an interest in a person, entity or property which is not a
substantial interest and which has insignificant value.
Remote interest means an interest of a person or entity, including a city official, who
would be affected in the same way as the general public. The interest of a
councilmember in the property tax rate, general city fees, city utility charges, or a
comprehensive zoning ordinance or similar decision incidental to the extent that the
councilmember would be affected in common with the general public.
Substantial interest means a known interest, either directly or through a member of
the immediate family, in another person or entity:
(1) The interest is ownership of five percent or more of the voting stock, shares or
equity of the entity or ownership of $5,000.00 or more of the equity or market
value of the entity;
(2) Funds received by the person from the other person or entity either during the
previous 12 months or the previous calendar year equaled or exceeded
$5,000.00 in salary, bonuses, commissions or professional fees of $5,000.00 in
payment for goods, products or nonprofessional services, or ten percent of the
recipient's gross income during that period, whichever is less;
(3) The person serves as a corporate officer or member of the board of directors or
other governing board of the for-profit entity other than a corporate entity owned
or created by the city council; or
(4) The person is a creditor, debtor, or guarantor of the other person or entity in an
amount of $5,000.00 or more.
Substantial interest in real property means an interest in real property which is an
equitable or legal ownership with a market value of $5,000.00 or more.
(e) Standards of conduct.
- Page 167 -Item #13.
(1) Not the mayor, councilmember, city employee, nor member of any board or
commission shall use such position to secure special privileges or exemptions for
such person or others, or to secure confidential information for any purpose other
than official responsibilities.
(2) Not the mayor, councilmember, city employee, nor member of a board or
commission, in any matter before the council, board or commission in which he
has a substantial interest, shall fail to disclose for the common good for the recor d
such interest prior to any discussion or vote.
(3) Not the mayor, councilmember, city employee, nor member of a board or
commission shall act as an agent or attorney for another in any matter before the
city council or any board or commission.
(4) Not the mayor, councilmember, city employee, nor commissioner shall directly
or indirectly receive, or agree to receive, any compensation, gift, reward, or
gratuity in any matter or proceeding connected with, or related to, the duties of
his office except as may be provided by law.
(5) Not the mayor, councilmember, city employee, nor member of any board or
commission shall enter into any contract with the city except as specifically
authorized by statute. Any councilmember or member of a board or commission
who has a proprietary interest in an agency doing business with the city shall
make known that interest in writing to the city council and the city clerk.
(6) All public funds shall be used for the general welfare of the people and not for
personal economic gain.
(7) Public property shall be disposed of in accordance with state law.
(8) No city official shall solicit or accept other employment to be performed or
compensation to be received while still a city official or employee, if the
employment or compensation could reasonably be expected to impair judgment
or performance of city duties.
(9) If a city official accepts or is soliciting a promise of future employment from any
person or entity who has a substantial interest in a person, entity or property
which would be affected by any decision upon which the official might reasonably
be expected to act, investigate, advise, or make a recommendation, the official
shall disclose the fact to the board or commission on which he serves or his
supervisor and shall take no further action on matters regarding the potential
future employer.
(10) No city official shall use city facilities, personnel, equipment or supplies for
private purposes except to the extent such are lawfully available to the public.
(11) No city official or employee shall grant or make available to any person any
consideration, treatment, advantage or favor beyond that which it is the general
practice to grant or make available to the public at large.
(f) Prohibition of conflict of interest. A city official may not participate in a vote or
decision on a matter affecting a person, entity, or property in which the official or
employee has a substantial interest.
- Page 168 -Item #13.
(g) Exemptions. This code shall not be construed to require the filing of any information
relating to any person's connection with, or interest in, any professional society or any
charitable, religious, social, fraternal, educational, recreational, public service, civil or
political organization, or any similar organization not conducted as a business
enterprise or governmental agency, and which is not engaged in the ownership or
conduct of a business enterprise or governmental agency.
(h) Penalty.
(1) Any persons violating any provisions of this policy are subject to:
a. Written and oral reprimand by the council, board, commission or committee
of which said violator is a member.
b. A fine greater than $100.00 but less than $500.00 to be imposed by the
council, commission, board or committee of which the violator is a me mber.
c. Request for resignation by the council, board, committee or commission of
which the violator is a member.
(2) Each council, board, commission or committee shall have authority to establish
rules and regulations to impose said penalties.
(Code 1983, § 2-1-18)
Editor's note— An Ord. of Sept. 27, 2007, § 1.01, states that "the Code of Ethics for
City Officials" (Code Title 2 (Government and Administration), Chapter 2 (Mayor and
City Council) Section 18) is hereby repealed except that it will continue to be in effect for
the purpose of governing the conduct of city officials and employees whose official
duties terminated before the enactment of this ordinance." See Ch. 23 for the Code of
Ethics and Compliance.
ARTICLE IV. - DEPARTMENTS
Sec. 2-164. - Designation of departments.
Subject to approval of Mayor and Council, the City Manager may make changes
to department designations.
The departments of the city shall include the following:
(1) General government;
(2) Finance;
(3) Inspections;
(4) Police;
(5) Fire;
(6) Public works and sanitation;
- Page 169 -Item #13.
(7) Water and wastewater;
(8) Community and cultural affairs; and
(9) Parking.
(Code 1983, § 2-3-21)
Sec. 2-214. - Appropriations policy.
(a) Budgeted expenditures. Budgeted expenditures shall be approved in
advance by requisition signed by the appropriate department head, and
city manager when he so requires.
(b) Unbudgeted expenditures. Unbudgeted expenditures exceeding
available departmental funds shall be approved by the city manager and
city council prior to expenditure by the department head.
(c) Emergency expenditures. Emergency expenditures shall be approved
by the department head and shall be reported to the city manager and
the city council at the next regular meeting.
(d) Construction projects. Construction projects, as provided for by state
law, must be publicly advertised for bid prior to acceptance of contracts
by the mayor and council.
(Code 1983, § 3-1-3)
ARTICLE VI. - BOARDS, COMMISSIONS, AND AUTHORITIES
DIVISION 1. - GENERALLY
Sec. 2-263. - Beach task force.
(a) Creation and purpose. There is created a commission to be known as
the Tybee Island Beach Task Force for the purpose of promoting the
health, safety, morals, convenience, order, prosperity and general
welfare of the city and to provide recommendations to the mayor and
council of the city regarding issues affecting the beach including but not
limited to beach erosion and renourishment, and to perform the functions
and duties stated herein.
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- Page 170 -Item #13.
(b) Name. The name of the committee shall be the Tybee Island Beach
Task Force and is hereinafter referred to as "the task force."
(c) Membership. The beach task force shall consist of not less than ten nor
more than 20 members appointed by the mayor and council, such
appointees being selected on the basis of their knowledge and interest in
protecting and promoting the natural characteristic of the city, especially
its beaches and shorelines, to serve three-year terms.
(d) Functions and duties. The task force shall:
(1) Promote beach preservation and maintenance.
(2) Promote beach renourishment.
(3) Promote prevention of shoreline erosion.
(4) Serve as a consultant body on beach and shoreline issues.
(5) Assist other entities in promoting the preservation of the ecology
and natural beauty of the city.
(6) Report on task recommendations to the mayor and council.
(7) Perform other duties related to the above functions as may be
directed by the mayor and council or by the city manager.
(8) Lobby state and federal entities on behalf of the city's beaches.
(e) Administration. The task force shall elect one of its members as chair
and one member as vice-chair and may elect as its secretary one of its
own members or, with the approval of the mayor and council, may
appoint as secretary an employee of the city.
(f) Rules of procedure. The task force may establish such rules, bylaws
and regulations not inconsistent with the city Charter, ordinances or law,
as it deems appropriate and necessary for the fulfillment of its duties or
the conduct of its affairs. Copies of such rules, bylaws, and/or regulations
shall be filed with the clerk of council.
(g) Meetings. Meetings of the task force shall be scheduled as directed by
the chair or the membership. All meetings shall comply with the Georgia
Open Meetings Act (O.C.G.A. § 50-14-1 et seq.).
(Code 1983, § 2-3-30)
Sec. 2-264. - Reserved.
- Page 171 -Item #13.
Editor's note— Ord. No. 2016-13 , § 1, adopted May 26, 2016, repealed §
2-264 which pertained to the creation of an audit committee and derived
from § 2-3-31 of the 1983 Code, and an ordinance adopted Sept. 14, 2006.
Sec. 2-265. - Master plan implementation committee.
(a) Creation. pursuant to section 3.11 of the city Charter there is created a
master plan implementation committee (hereinafter the "committee")
established by the mayor and council. The provisions of section 3.11 of
the Charter are incorporated herein.
(b) Purpose. The committee shall review the master plan and carrying
capacity report and monitor progress on their implementation and
recommend strategies and priorities for implementation to the city in
reports to the city council. The committee shall issue quarterly reports or
such other reports as might be requested by the mayor and council
concerning implementation of the master plan, the carrying capacity
report and improvements therein and recommendations for the updated
master plan to occur in five years. Following the completion of the
updated master plan, the committee may be terminated by the mayor and
council.
(c) Membership. The committee shall consist of not less than six nor more
than nine members to be appointed by the mayor and council by a
majority vote. Such appointees shall be selected on the basis of their
knowledge and interest in creating and conforming to the master plan and
familiarity with the carrying capacity report. Members of the committee
shall serve five-year terms unless otherwise directed by the mayor and
council.
(d) Functions and duties. The committee shall:
(1) Review the current master plan of the city, which is a long range
plan, and to report no less than quarterly to the mayor and council on
the implementation thereof.
(2) Review the carrying capacity report provided to the city and report,
no less than quarterly, on events or changes that have impacted the
findings of the carrying capacity report or which are projected to
impact the carrying capacity report and findings therein.
- Page 172 -Item #13.
(3) Recommend strategies and priorities for implementation of the
master plan in the committee reports to the city.
(4) Serve as a consultant body to the city through the mayor and
council on such issues as might be requested by the mayor and
council by resolution.
(5) Assist with the preparation of the updated master plan at the next
required five-year interval.
(6) Perform other duties related to the above functions as may be
directed by the mayor and council or the city manager.
(e) Administration. The committee shall elect one of its members as chair
and one member as vice chair and may elect as its secretary one of its
members.
(f) Rules of procedure. The committee may establish such rules, bylaws
and/or regulations not inconsistent with the city Charter, ordinances, or
laws as the committee deems appropriate and necessary for the
fulfillment of its duties or the conduct of its affairs. Copies of such rules,
bylaws and/or regulations shall be filed with the clerk of council.
(g) Meetings. Meetings of the committee shall be scheduled by the chair
or the membership and all meetings shall be conducted in compliance
with the Georgia Open Meetings Act and all records of the committee
shall be subject to the Georgia Open Records Law.
(h) Oath. Each member of this committee shall take an oath of office before
each term of service as a member. The mayor is to administer the oath.
A written representation of the oath is to be signed by the appointee and
retained by the clerk of council as an official city record. The oath shall
be administered as follows:
I do solemnly (swear) (affirm) that I will faithfully perform the duties of a
member of the Master Plan Implementation Committee of the City of
Tybee Island and that I will support and defend the Charter thereof as
well as the Constitution and laws of the State of Georgia and of the
United States of America.
(Ord. No. 31-2016 , § 1, 12-8-2016; Ord. No. 11-2017 , § 1, 7-13-2017)
Field Code Changed
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Sec. 2-266 Ethics Commission.
The Ethics Commission is established pursuant to Chapter 23, Article
II of this Code. The Ethics Commission shall be convened and operated
pursuant to Chapter 23, Article II of this Code.
Sec. 2-267 Historic Preservation Commission.
The Historic Preservation Commission is established pursuant to
Appendix A – Land Development Code, Article 14, Sec. 14-030. The
Historic Preservation Commission shall have the powers, duties and
authority as set forth in Appendix A – Land Development Code, Article 14
of this Code.
Sec. 2-268 Planning Commission
The Planning Commission is established pursuant to Appendix A –
Land Development Code, Article 11, Sec. 11-010. The Planning
Commission shall be convened and operated pursuant to Appendix A –
Land Development Code, Article 11 of this Code.
Sec. 2-269 Development Authority and Main Street Board of Directors
(a) Creation. Pursuant to Section 3.11 of the City Charter, Mayor and
City Council exercised their authority and created a Downtown
Development Authority (DDA).
(b) Purpose. The DDA shall seek to improve the quality of life for
those that live, work, and visit Tybee Island and enhance the
cultural experience while preserving the community’s barrier island
heritage. The DDA seeks historic preservation-based economic
development opportunities that balance design, business
assistance, promotion, and organization with established
committees and partners that share these values..
(c) Membership. The Tybee Island Development Authority/Main
Street Board of Directors is comprised of seven (7) Council
appointed Directors that are representatives which have an
economic interest within city limits, one of which is a City Council
member. A maximum of four (4) Ex-Officio Members may be
- Page 174 -Item #13.
appointed to serve for a two-year term by a majority vote of the
Directors. An Ex-Officio Member shall represent the business
community, non-profit organization and/or be a full-time resident of
Tybee Island.
(d) Administration. The program is governed by the Board of
Directors who work with local and state partners to provide
technical assistance and financial opportunities with incentives, as
available, that encourage quality growth and development while
preserving Tybee Island’s unique architectural and community
heritage.
(e) Meetings. Meetings of the DDA shall be scheduled by the chair or
the membership and all meetings shall be conducted in
compliance with the Georgia Open Meetings Act and all records of
the authority shall be subject to the Georgia Open Records Law.
Secs. 2-27066—2-291. - Reserved.
DIVISION 2. - FINE ART COMMISSION
Sec. 2-292. - Reserved.
Editor's note— Ord. No. 2018-01 JL , § 1, adopted May 24, 2018,
repealed § 2-292, which pertained to created and derived from Code 1983,
§ 7-4-1; and Ord. of Apr. 29, 2005, § 7-4-1.
Sec. 2-293. - Membership; term of office, qualifications, compensation.
(a) Membership and appointment. The fine arts commission shall consist
of nine members who shall be appointed by the mayor and council.
(b) Term of office. The term of office for each member shall be three years,
except that of those first appointed; three shall be appointed for one year,
three for two years, and three for three years. When the terms of the first
appointed shall expire, all successors shall be appointed for three-year
terms which shall begin April 1 and expire March 31 of the appropriate
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year. No member may serve more than two consecutive three-year
terms.
(c) Qualifications of members. In selecting persons for appointment to the
commission, the mayor and council shall endeavor to provide
representation from public and private educational institutions, from
business and industry, and from such other groups and citizens as will
provide a commission representative of the entire community. Persons
selected for appointment shall not be a paid staff member of the city or
of an art agency, but shall have an interest in the arts and in programs to
use the arts to enhance the quality of life in the community.
(d) Compensation. Members of the commission shall not receive
compensation for service.
(Code 1983, § 7-4-2; Ord. of 4-29-2005, § 7-4-2)
Sec. 2-294. - Officers; meetings; minutes.
(a) The fine arts commission shall elect one of its members as chairperson
for a one-year term. The commission may elect other officers as it deems
appropriate.
(b) Meetings shall be held as often as the commission shall decide but not
less frequently than once each quarter.
(c) The commission shall keep minutes of its proceedings showing the
matters discussed and the action taken on each matter.
(Code 1983, § 7-4-3; Ord. of 4-29-2005, § 7-4-3)
Sec. 2-295. - Powers and duties.
(a) The fine arts commission shall be an advisory council and shall submit
its findings to the mayor and council.
(b) The commission shall direct its attention to the following matters:
(1) It shall assist the city in developing a comprehensive plan for the
arts in the community;
(2) It shall help encourage and promote joint community events by the
various arts groups in the community;
(3) It shall identify community arts needs and suggest programs to
meet these needs;
- Page 176 -Item #13.
(4) It shall encourage the use of the arts in various public service
activities and to encourage the use of the arts to improve the aesthetic
quality of public buildings and public places;
(5) It shall help organize and promote arts programs that will be
directed toward improving the quality of life in the community;
(6) It shall study and recommend programs through which the arts can
be made accessible to the elderly, the handicapped and others with
special needs;
(7) It shall help to develop information and materials about the arts in
the community that can be included with other promotional materials
distributed by those agencies in the community involved with
economic development.
(Code 1983, § 7-4-4; Ord. of 4-29-2005, § 7-4-4)
Sec. 2-296. - City manager to work with commission.
The city manager shall assist the fine arts commission through
consultation and the providing of data pertaining to city operations and
facilities.
(Code 1983, § 7-4-5; Ord. of 4-29-2005, § 7-4-5)
Secs. 2-297—2-335. - Reserved.
DIVISION 3. - RECREATION COMMISSION
Sec. 2-336. - Reserved.
Editor's note— Ord. No. 2018-02 JL , § 1, adopted May 24, 2018,
repealed § 2-336, which pertained to created and derived from Code 1983,
§ 7-4-6; and Ord. of Apr. 29, 2005, § 7-4-6.
Sec. 2-337. - Membership, term of office, qualifications, compensation.
(a) Membership and appointment. The recreation commission shall
consist of members who shall be appointed by the mayor and council
with a member of council and a representative of the YMCA serving as
ex officio members.
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(b) Term of office. The term of office for each member shall be three years,
except that of those first appointed; three shall be appointed for one year,
for two years and for three years. When the terms of the first appointed
shall expire, all successors shall be appointed for three-year terms which
shall begin February 1 and expire January 31 of the appropriate year.
(c) Qualifications of members. In selecting persons for appointment to the
commission, the mayor and council shall endeavor to provide
representation from public and private educational institutions, from
business and industry, and from such other groups and citizens as will
provide a commission representative of the entire community. Persons
selected for appointment shall not be a paid staff member of the city but
shall have an interest in recreational commission programs to enhance
the quality of life in the community.
(d) Compensation. Members of the commission shall not receive
compensation for service.
(Code 1983, § 7-4-7; Ord. of 4-29-2005, § 7-4-7)
Sec. 2-338. - Officers; meetings; minutes.
(a) The recreation commission shall elect one of its members as
chairperson for a one-year term. The commission may elect other officers
as it deems appropriate.
(b) Meetings shall be held as often as the commission shall decide but not
less frequently than once each quarter.
(c) The commission shall keep minutes of its proceedings showing the
matters discussed and the action taken on each matter, and shall provide
to the mayor and council copies of such minutes within 30 days following
each proceeding.
(Code 1983, § 7-4-8; Ord. of 4-29-2005, § 7-4-8)
Sec. 2-339. - Powers and duties.
(a) The recreation commission shall be an advisory commission and shall
submit its findings to the mayor and council.
(b) The commission shall direct its attention to the following matters:
- Page 178 -Item #13.
(1) It shall assist the city in developing a comprehensive plan for
recreational programs in the community;
(2) It shall help encourage and promote joint community events by the
various recreational groups in the community;
(3) It shall identify community recreational needs and suggest
programs to meet these needs;
(4) It shall encourage the use of recreational concepts in various public
service activities and to encourage the use of recreational concepts
to improve the aesthetic quality of public buildings and public places;
(5) It shall help organize and promote recreational programs that will
be directed toward improving the quality of life in the community;
(6) It shall study and recommend programs through which recreational
programs can be made accessible to the elderly, the handicapped
and others with special needs;
(7) It shall help to develop information and materials about the
recreational programs in the community that can be included with
other promotional materials distributed by those agencies in the
community involved with economic development.
(Code 1983, § 7-4-9; Ord. of 4-29-2005, § 7-4-9)
Sec. 2-340. - City manager to work with commission.
The city manager shall provide staff to meet with the recreation
commission, shall assist in obtaining such information as it needs in its
deliberations, and shall perform such other duties for the commission as
the mayor and council shall approve.
(Code 1983, § 7-4-10; Ord. of 4-29-2005, § 7-4-10)
Secs. 2-341—2-363. - Reserved.
ARTICLE VII. - PROCUREMENT
Sec. 2-400. -– Adoption and Publication of a Procurement Policy
- Page 179 -Item #13.
The City Manager shall require the Finance Director to prepare a
Procurement Policy. The Procurement Policy will reflect all applicable
State and local laws and regulations as well as all applicable Federal laws,
regulations and standards. The Mayor and City Council shall approve the
Procurement Policy which will then govern all purchases and acquisitions
made by the City.
The Procurement Policy shall be available for inspection during
normal business hours in the offices of both the Finance Director and the
Clerk of City Council. The document shall also be posted on the City’s
website. Changes to the Policy must be approved by the Mayor and
Council.
Applicability.
This article applies to contracts for the procurement of supplies,
services and construction, entered into by the city after the effective date of
the ordinance from which this article is derived. It shall apply to every
foregoing expenditure of public funds for public purchasing irrespective of
the source of the funds. When the procurement involves the expenditure of
federal assistance or contract funds, the procurement shall be conducted in
accordance with any mandatory applicable federal law and regulations.
Nothing in this article shall prevent the city from complying with the terms
and conditions of any grant, gift or bequest that is otherwise consistent with
law.
( Ord. No. 15-2015, § 1, 5-28-2015 )
Sec. 2-401. - Definitions.
The following definitions shall apply to this chapter:
Committee means the committee on standards and specifications.
Finance department means the department in which the purchasing
division is assigned.
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Goods and services means the tangible items and/or labor and
materials provided by outside contractors and professionals necessary to
provide an effective and economically responsible delivery of services by
the city and for which financial appropriations have been made by the
governing authority.
(1) Supplies, materials or contractual services means all tangible
equipment, commodities, repairs or nonprofessional services
necessary to operate the government.
(2) Professional services means services provided by the following
licensed professionals need not be subject to competitive bidding:
practitioners of law, medicine, podiatry, dentistry, optometry,
psychology, veterinary medicine, physiotherapy, public accounting
and civil, mechanical, hydraulic or electrical engineering, architecture
or professional consultations.
Finance director/purchasing administrator means the individual who is
assigned the general duties and responsibilities of supervising and
administering the provisions of this chapter. The responsibility of
purchasing administrator is designated to the finance director.
Using department means any department, division, bureau, council,
board, authority, task force or other unit of the city government that uses
goods and services to carry out the duties and responsibilities of such
functions and for which financial appropriations have been made by the
governing authority.
( Ord. No. 15-2015, § 1, 5-28-2015 )
Sec. 2-402. - Purchasing functions and purchasing administrator.
The finance director as the purchasing administrator shall administer
the policies, regulations, and procedures governing the purchase of all
goods and services for the city. The purchasing administrator shall exercise
general supervision of all functions pertaining to purchasing, subject to the
review of the finance committee and mayor and council of the city.
( Ord. No. 15-2015, § 1, 5-28-2015 )
Sec. 2-403. - Duties of finance director as purchasing administrator.
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The purchasing administrator shall have the following authority,
responsibility and duties:
(1) To carry out the policies, regulations and procedures for purchasing
all goods and services required by the using agencies of the city
pursuant to the provisions of this chapter, and other directives of the
governing authority or the city manager not in conflict with this
chapter.
(2) To obtain the highest quality of goods and services for the most
economical costs which will provide the most effective operations of
the city.
(3) To discourage restrictive bidding and specifications and to promote
open competition.
(4) To maintain up-to-date files of all vendors known to the governing
authority who are reputable and responsible vendors of goods and
services, prices and discounts as may be available.
(5) To establish a standard uniform list of nomenclature of all goods
and services regularly used by the city, to be distributed to all using
agencies and suppliers, in order to achieve uniformity of common
purchases among the various using agencies.
(6) To take advantage of all exemptions, discounts and special offers
to which the city may be entitled, to ensure the most economical
purchase without sacrificing quality, including the availability of "bulk"
purchases.
(7) To ensure that all purchases are in compliance with the city's
budgeting and accounting policies and procedures.
(8) To develop and prescribe such forms as may be necessary to
effectively and efficiently carry out the purchasing procedures of the
city and to require that such forms be utilized by all using agencies.
(9) To ensure that all goods and services purchased by the city are
properly received and are representative of and in accordance with
the prescribed terms and specifications of the purchase agreement.
(10) With the approval of the city manager, to declare ineligible any
vendor that misrepresents or defaults on any quotation, bid or
purchase agreement with the city and to disqualify such vendor from
doing further business with the city for a specified period of time.
- Page 182 -Item #13.
(11) To promulgate policies and procedures, with the advice and
approval of the city manager, to administer and carry out the
provisions of this chapter or other policies established by the city
pertaining to governmental purchases, and to develop and maintain
a uniform purchasing manual which shall include all such policies and
procedures to be followed by all using agencies.
(12) To prepare and submit reports on the purchasing activities of the
city in a manner to be prescribed by the city manager, finance
committee and/or mayor and council.
( Ord. No. 15-2015, § 1, 5-28-2015 )
Sec. 2-404. - Committee on standards and specifications—Established;
members; meetings; authority.
There is hereby established a committee on standards and
specifications which shall include the city manager, or designee, as
chairman and other such government officers and department directors as
determined and appointed by the city manager. The purchasing
administrator shall serve as an ex officio member and secretary to the
committee. The committee shall hold such meetings from time to time as
deemed necessary by the city manager and shall be authorized to enlist
the advice and assistance of any other government officer, employee,
specialist or technician as may be deemed appropriate to carry out the
duties and responsibilities of the committee.
( Ord. No. 15-2015, § 1, 5-28-2015 )
Sec. 2-405. - Same—Duties.
The duties and responsibilities of the committee on standards and
specifications shall be as follows:
(1) To review purchasing policies and procedures to ensure that the
process of acquisition of goods and services is carried out effectively.
(2) To review the classification of all goods and services commonly
used by each using department.
(3) To review and approve standard minimum specifications for all like
goods and services commonly used by all using agencies striving to
meet the common needs of the majority of such agencies.
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(4) To review and approve standard minimum qualities, quantities,
sizes and varieties of goods and services to be purchased by the city
consistent with the desired efficiency of governmental operations, the
particular needs of a using department and the provisions of this
chapter.
(5) To ensure that all standards and specif ications are reasonable,
nonrestrictive and certain to promote open competition among
vendors.
(6) To review special needs of any using department to identify
noncompetitive types and kinds of goods and services and to exempt
such items from the list of standard purchases. Any such exemption
shall include documentation of the reasons for the exemption.
(7) To periodically review the standards and specifications, or
exemptions, established by the committee and to promptly provide
any additions, deletions or other changes and to avoid unnecessary
delays in the purchasing process.
( Ord. No. 15-2015, § 1, 5-28-2015 )
Sec. 2-406. - Applicability of standards.
Each standard specification, until revised or rescinded, shall apply alike
in terms and effect to the purchase or contract for the item or service
described in such specifications. However, if any item requested by a using
department is not on the standard list or listed as an exemption, the
purchasing division administrator shall be authorized to exempt the item
based on sufficient justification being provided by the requesting using
department.
( Ord. No. 15-2015, § 1, 5-28-2015 )
Sec. 2-407. - Substitution for brand names.
If a requisition is submitted for a "brand name" item or service, the
purchasing administrator shall notify the requesting department of
acceptable and approved comparable goods or services which meet the
requirements of the specifications. The department director and the
purchasing administrator shall jointly decide on the items to be purchased.
( Ord. No. 15-2015, § 1, 5-28-2015 )
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- Page 184 -Item #13.
Sec. 2-408. - Uniform purchasing manual.
The uniform purchasing manual shall include a step-by-step description
of the proper procedures for purchasing goods and services, samples of all
forms used in the purchasing process, and a clearly defined explanation of
the proper use of such forms and procedures.
( Ord. No. 15-2015, § 1, 5-28-2015 )
Sec. 2-409. - Purchase orders.
Except as otherwise provided herein, all purchases for goods and
services for the city shall be on an official city purchase order.
( Ord. No. 15-2015, § 1, 5-28-2015 )
Sec. 2-410. - Budget review prior to issuing purchase orders.
Except as otherwise provided for in emergencies, no purchase order
shall be issued unless there is a sufficient unencumbered appropriation, in
excess of all unpaid obligations, of the using department to cover the
amount of such purchase.
( Ord. No. 15-2015, § 1, 5-28-2015 )
Sec. 2-411. - Sole-source purchases.
The city manager shall be authorized to designate a sole source for any
item or service, the purchase of which, due to special scientific, technology
or extraordinary specifications and circumstances, is available from only
one vendor. Any such purchase shall be documented as to the reasons for
the sole source and shall be maintained in the office of the purchasing
division.
( Ord. No. 15-2015, § 1, 5-28-2015 )
Sec. 2-412. - Award of contracts.
The city manager shall be authorized to award a contract for purchase
of goods and services to the lowest, best and most responsible bidder or
vendor when approved in the budget or approved project resolution up to
$19,999.99. The city manager shall be authorized to delegate authority to
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- Page 185 -Item #13.
award contracts more than $1,000.00 and less than $3,000.00 to the
purchasing administrator. The approval of the mayor and council shall be
required before the award of a contract over $10,000.00 that is in excess of
the budget or approved project resolution. The mayor and council shall
approve all contracts $20,000.00 or above. The city manager shall report
all contracts awarded above $10,000.00 to the mayor and council for
information. Should any question or discrepancy arise in any bid or
contract, the disposition of such purchase shall be determined by the city
manager.
( Ord. No. 15-2015, § 1, 5-28-2015 )
Sec. 2-413. - Competitive quotations for bids over $20,000.00.
Competitive quotations for bids over $20,000.00 shall [be] awarded by
competitive sealed bidding except as provided in sections regarding
competitive sealed proposals, small purchases, sole source procurement,
and emergency procurement.
(1) Invitation for bid. An invitation for bid shall be issued and shall
include specifications and all contractual terms and conditions
applicable to the procurement.
(2) Public notice. Public notice of the invitation for bid shall be given
not less than 15 calendar days prior to the date set forth therein for
the opening for bids. Such notice shall state the place, date, and time
of bid opening. Such notice shall be published in the legal organ of
the county, or on the city's website, and be posted conspicuously at
city hall.
(3) Bid tendering. All bids shall be tendered to the city official stated in
the bid documents. If no person is identified, then the bids shall be
tendered to the clerk of council.
(4) Bid opening. Bids shall be opened publicly in the presence of two
or more witnesses at the time and place designated in the invitation
for bid. There shall be no discussion during the bid opening.
(5) Bid tabulation. The bids shall be tabulated and ranked on a bid
tabulation sheet and immediately posted at city ha ll or on the city's
website.
(6) Award. The award shall be made to the lowest responsible and
responsive bidder.
- Page 186 -Item #13.
When it is determined that the use of competitive sealed bidding is either
not practicable or not advantageous to the city, a contract may be entered
into by use of the competitive sealed proposals method.
( Ord. No. 15-2015, § 1, 5-28-2015 )
Sec. 2-414. - Competitive quotations for proposals over $20,000.00.
Unless otherwise required by other applicable law, and when it is
determined that the use of competitive sealed bidding is either not
practicable or not advantageous to the city, any supply, material or
contractual service to be purchased by the city which has an estimated cost
of $20,000.00 or more may be entered into by use of the competitive
sealed proposals method.
(1) Request for proposals. Proposals shall be solicited through a
request for proposals.
(2) Public notice. Public notice of not less than 15 calendar days shall
be given for request for proposals in the same manner as provided
for competitive sealed bidding.
(3) Evaluation factors. The request for proposals shall state the relative
importance of price and other evaluation factors.
(4) Receipt of proposals. All proposals shall be delivered and
maintained by the city official named in the request, otherwise to the
clerk of council, until the advertised opening date and time. No
proposals shall be handled so as to permit disclosure of the contents
of any proposal to competing offerors during the process of
negotiation. A register of proposals shall be prepared containing the
name of each offeror, the number of modifications received, if any,
and a description sufficient to identify the item offered. The register of
proposals shall be open for public inspection only after contract
award.
(5) Discussion with responsible offerors and revisions to proposals. As
provided in the request for proposals, no discussions may be
conducted with responsible offerors who submit proposals. Offerors
shall be accorded fair and equal treatment with respect to any
opportunity for discussion and revision of proposals, and such
revisions may be permitted after submissions and prior to award for
the purpose of obtaining best and final offers. In conducting
- Page 187 -Item #13.
discussions, there shall be no disclosure of any information derived
from proposals submitted by competing offerors.
(6) Tabulation of proposals. The proposals shall be tabulated and
ranked on a proposal tabulation sheet. After an award has been made
and a contract entered, the proposal tabulation sheet shall be
immediately posted at city hall or on the city's website.
(7) Award. An award will be made to the responsible offeror whose
proposal is determined to be the most advantageous to the city, taking
into consideration price and the evaluation factors set forth in the
request for proposals. No other factors or criteria will be used in the
evaluation. The contract file shall contain the basis on which the
award is made.
( Ord. No. 15-2015, § 1, 5-28-2015 )
Sec. 2-415. - Competitive quotations under $19,999.99.
Unless otherwise required by law, or by the mayor and council or city
manager, any supply, material or contractual service to be purchased by
the city which has an estimated cost of not less than $1,000.00 and not
more than $19,999.99 shall be purchased on the open market without
regard for advertising. Unless impossible to secure enough quotes, upon
the receipt of documented written price quotations from at least three
reputable vendors, the purchasing administrator shall award the contract.
( Ord. No. 15-2015, § 1, 5-28-2015 )
Sec. 2-416. - Small purchases; purchases of less than $1,000.00.
Any supply, materials or contractual service which has an estimated
cost of less than $1,000.00 may be purchased from any approved vendor
recommended by the using department or, in the absence of such
recommendation, from any approved vendor selected by the purchasing
administrator. Each such purchase shall be authorized by the head of the
using department.
( Ord. No. 15-2015, § 1, 5-28-2015 )
Sec. 2-417. - Rejection of bids, proposals or quotations.
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- Page 188 -Item #13.
The city manager shall be authorized to reject any or all bids, in whole
or in part, when in his or her judgment the terms, conditions or
specifications received are not in compliance with those in the city
bid/proposal solicitation. In such event, the city manager shall document
the circumstances of such rejection and reissue the solicitation as he or
she deems appropriate.
( Ord. No. 15-2015, § 1, 5-28-2015 )
Sec. 2-418. - Emergency purchases.
The city manager shall be authorized to waive any or all bidding
requirements for the purchase of necessary goods or services whenever an
emergency condition exists which presents a threat to the safety, health
and welfare of the citizens of the city and whenever such requirements
would cause undue delay in the delivery of essential services under such
conditions.
( Ord. No. 15-2015, § 1, 5-28-2015 )
Sec. 2-419. - Deposits; bid bonds; security.
Bid security, performance and/or payment bonds, or other security may
be required for contracts and bids as the purchasing administrator or city
manager deems advisable. Any such bonding requirements shall be set
forth in the solicitation. Bid security, performance and/or payment bonds, or
other security shall not be used as a substitute for a determination of a
bidder's or offeror's responsibility. No bid shall be read aloud or considered
when a bid security specified in the solicitation has not been provided.
Notice of a bond or deposit shall be included in the public notice and
bidding specifications. Contracts over $100,000.00 shall require a bid bond
or deposit. Such bond or deposit shall not exceed 100 percent of the bid
amount.
( Ord. No. 15-2015, § 1, 5-28-2015 )
Sec. 2-420. - Vendors in default.
The purchasing administrator shall not accept any bid or quotation from
nor issue any purchase order to any vendor or contractor that is in default
on the payment of any taxes, license fees or other monies due the city.
- Page 189 -Item #13.
4843-9750-3197.14843-9329-5069.1
( Ord. No. 15-2015, § 1, 5-28-2015 )
Sec. 2-421. - Records to be maintained.
A record and description of all requisitions, competitive bids and
quotations, purchase orders, receiving reports and other pertinent
documentation of purchasing shall be maintained by the purchasing
administrator in accordance with regulations and procedures prescribed in
the purchasing manual and shall be public record.
( Ord. No. 15-2015, § 1, 5-28-2015 )
Sec. 2-422. - Vendors' appeals.
Any person who is aggrieved by the recommendation of the city
manager or other agent of the city to award a contract may appeal to the
city manager, then to the mayor and city council.
Following receipt of a protest, within seven business days the city
manager shall issue an opinion, either upholding the recommendation,
rescinding the recommendation, or such other action as authorized by law.
In the event the protestor is still in disagreement with the city manager, the
protestor may file an appeal directly to the mayor and city council by filing a
written notice of appeal of protest decision with the clerk of council. The
hearing before the mayor and city council shall be a de novo appeal.
( Ord. No. 15-2015, § 1, 5-28-2015 )
Sec. 2-401 to Sec. 2-422 Reserved.
- Page 190 -Item #13.
ORDINANCE NO.: 2021-_____
AN ORDINANCE TO AMEND SECTIONS OF CHAPTER 2 OF THE CODE OF
ORDINANCES OF THE CITY IN ORDER TO MAKE REVISIONS THEREOF AND TO
CLARIFY CERTAIN PROVISIONS, TO CORRECT ERRORS AND TO ADD
PROVISIONS IN CHAPTER 2 REGARDING ADMINISTRATION, TO ESTABLISH AN
EFFECTIVE DATE AND FOR OTHER PURPOSES
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the
State of Georgia to adopt reasonable ordinances to protect and improve the public
health, safety, and welfare of the citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia, is the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under its police
and home rule powers; and
WHEREAS, members of the public and staff designated as the "Code Review
Group" worked diligently and in detail to review the entire City Code and to make
recommendations for clarifications and improvements therein; and
WHEREAS, the City Council desires to adopt changes to the Code as
recommended by the code review group; and
WHEREAS, the efforts of the code review group are recognized, appreciated and
intended to be implemented.
NOW, THEREFORE, it is hereby ordained by the governing authority of the City
of Tybee Island as follows:
- Page 191 -Item #13.
Those sections listed below are to be amended so as to be worded as stated on
the attached revisions to sections: 2-106; 2-164; 2-214; 2-263; 2-665 to 2-669; 2-292 to
2-296; 2-336 to 2-340; 2-400 and 2-401 to 2-422.
SECTION I
All ordinances and parts of ordinances in conflict herewith are expressly
repealed.
SECTION II
It is the intention of the governing body, and it is hereby ordained, that the
provisions of this ordinance shall become effective and be made a part of the Code of
Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be
renumbered to accomplish such intention.
SECTION III
This ordinance shall be effective upon its adoption by the Mayor and Council
pursuant to The Code of the City of Tybee Island, Georgia.
This Ordinance shall become effective on _____ day of ____________, 2021.
ADOPTED THIS __ DAY OF ___ , 2021.
_____________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
- Page 192 -Item #13.
Chapter 2 - ADMINISTRATION
ARTICLE III. - OFFICERS AND EMPLOYEES
Sec. 2-106. - Code of ethics for city officials.
(a) Generally.
(1) The public judges its government by the way public officials and
employees conduct themselves in the posts to which they are elected
or appointed.
(2) All government, of right, originates with the people, is founded upon
their will only, and is instituted solely for the good of the whole. Public
officers are the trustees and servants of the people and are at all times
amenable to them. Ga. Const. art. I, § 2, ¶ 1.
(3) The people of this state have the inherent right of regulating their
internal government. Government is instituted for the protection,
security, and benefit of the people; and at all times they have the right
to alter or reform the same whenever the public good may require it.
Ga. Const. art. I, § 2, ¶ 2.
(4) The people have a right to expect that every public official will
conduct himself in a manner that will tend to preserve public
confidence in and respect for the government he represents.
(5) Such confidence and respect can best be promoted if every public
official, whether paid or unpaid, and whether elected or appointed, will
uniformly:
a. Treat all citizens with courtesy, impartiality, and equality under
the law; and
b. Avoid conflicts between their private self-interest and the public
interest.
(b) Purpose.
(1) It is the policy of the city that the proper operation of democratic
government requires that public officials be independent, impartial
and responsible to the people; that governmental decisions and policy
be made in proper channels of the governmental structure; that public
office not be used for personal gain; and that the public have
confidence in the integrity of its government. In recognition of these
goals, a code of ethics for all city officials and employees is adopted.
- Page 193 -Item #13.
(2) This code has the following purposes:
a. To encourage high ethical standards in official conduct by city
officials;
b. To establish guidelines for ethical standards of conduct for all
such officials and employees by setting forth those acts or actions
that are incompatible with the best interest of the city;
c. To require disclosure by such officials of private financial or other
interest in matters that affect the city; and
d. To serve as a basis for disciplining those who refuse to abide by
its terms.
(3) The provisions of this section shall not apply to political
contributions, loans, expenditures, reports or regulations of political
campaigns or the conduct of candidates in such campaigns.
(c) Scope of persons covered. The provisions of this code of ethics shall
be applicable to all members of the city council, planning and zoning
commission, board of zoning appeals, all advisory commissions, and
committee members and all employees of the city.
(d) Definitions. The following words, terms and phrases, when used in this
section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
City official shall be any person who is an elected official of the City of Tybee
Island and anyone appointed by the mayor and council of the city to any board,
commission, authority, or position of the city. Cit y official shall not include paid
employees of the city who come under the city manager's control or the city manager,
city attorney, city clerk, or a municipal court judge. A paid employee under the control
of the city manager, the city manager, the city clerk, the city attorney and the
municipal court judges shall be held to the same ethical standards as a "city official."
Decision means any ordinance, resolution, contract, franchise, formal action or
other matter voted on by the city council or other cit y board or commission, as well as
the discussions or deliberations of the council, board, or commission which can or may
lead to a vote or formal action by that body.
Discretionary authority means the power to exercise any judgment in a decision or
action.
Entity means a sole proprietorship, partnership, limited partnership, firm,
corporation, professional corporation, holding company, joint stock company,
receivership, trust or any other entity recognized by law through which business may be
conducted.
- Page 194 -Item #13.
Immediate family means spouse, mother, father, brother, sister, son, or daughter of
any city official or employee.
Incidental interest means an interest in a person, entity or property which is not a
substantial interest and which has insignificant value.
Remote interest means an interest of a person or entity, including a city official, who
would be affected in the same way as the general public. The interest of a
councilmember in the property tax rate, general city fees, city utility charges, or a
comprehensive zoning ordinance or similar decision incidental to the extent that the
councilmember would be affected in common with the general public.
Substantial interest means a known interest, either directly or through a member of
the immediate family, in another person o r entity:
(1) The interest is ownership of five percent or more of the voting stock, shares or
equity of the entity or ownership of $5,000.00 or more of the equity or market
value of the entity;
(2) Funds received by the person from the other person or entity either during the
previous 12 months or the previous calendar year equaled or exceeded
$5,000.00 in salary, bonuses, commissions or professional fees of $5,000.00 in
payment for goods, products or nonprofessional services, or ten percent of the
recipient's gross income during that period, whichever is less;
(3) The person serves as a corporate officer or member of the board of directors or
other governing board of the for-profit entity other than a corporate entity owned
or created by the city council; or
(4) The person is a creditor, debtor, or guarantor of the other person or entity in an
amount of $5,000.00 or more.
Substantial interest in real property means an interest in real property which is an
equitable or legal ownership with a market value of $5,000.00 or more.
(e) Standards of conduct.
(1) Not the mayor, councilmember, city employee, nor member of any board or
commission shall use such position to secure special privileges or exemptions for
such person or others, or to secure confidential information for any purpose other
than official responsibilities.
(2) Not the mayor, councilmember, city employee, nor member of a board or
commission, in any matter before the council, b oard or commission in which he
has a substantial interest, shall fail to disclose for the common good for the record
such interest prior to any discussion or vote.
(3) Not the mayor, councilmember, city employee, nor member of a board or
commission shall act as an agent or attorney for another in any matter before the
city council or any board or commission.
(4) Not the mayor, councilmember, city employee, nor commissioner shall directly
or indirectly receive, or agree to receive, any compensation, gift, reward, or
- Page 195 -Item #13.
gratuity in any matter or proceeding connected with, or related to, the duties of
his office except as may be provided by law.
(5) Not the mayor, councilmember, city employee, nor member of any board or
commission shall enter into any contract with the city except as specifically
authorized by statute. Any councilmember or member of a board or commission
who has a proprietary interest in an agency doing business with the city shall
make known that interest in writing to the city council and t he city clerk.
(6) All public funds shall be used for the general welfare of the people and not for
personal economic gain.
(7) Public property shall be disposed of in accordance with state law.
(8) No city official shall solicit or accept other employment to be performed or
compensation to be received while still a city official or employee, if the
employment or compensation could reasonably be expected to impair judgment
or performance of city duties.
(9) If a city official accepts or is soliciting a promise of future employment from any
person or entity who has a substantial interest in a person, entity or property
which would be affected by any decision upon which the official might reasonably
be expected to act, investigate, advise, or make a recommendation, the official
shall disclose the fact to the board or commission on which he serves or his
supervisor and shall take no further action on matters regarding the potential
future employer.
(10) No city official shall use city facilities, personnel, equipment or supplies for
private purposes except to the extent such are lawfully available to the public.
(11) No city official or employee shall grant or make available to any person any
consideration, treatment, advantage or favor beyond that wh ich it is the general
practice to grant or make available to the public at large.
(f) Prohibition of conflict of interest. A city official may not participate in a vote or
decision on a matter affecting a person, entity, or property in which the official or
employee has a substantial interest.
(g) Exemptions. This code shall not be construed to require the filing of any information
relating to any person's connection with, or interest in, any professional society or any
charitable, religious, social, fraternal, educational, recreational, public service, civil or
political organization, or any similar organization not conducted as a business
enterprise or governmental agency, and which is not engaged in the ownership or
conduct of a business enterprise or governmental agency.
(h) Penalty.
(1) Any persons violating any provisions of this policy are subject to:
a. Written and oral reprimand by the council, board, commission or committee
of which said violator is a member.
b. A fine greater than $100.00 but less than $500.00 to be imposed by the
council.
- Page 196 -Item #13.
c. Request for resignation by the council, board, committee or commission of
which the violator is a member.
(2) Each council, board, commission or committee shall have authority to establish
rules and regulations to impose said penalties.
(Code 1983, § 2-1-18)
Editor's note— An Ord. of Sept. 27, 2007, § 1.01, states that "the Code of Ethics for
City Officials" (Code Title 2 (Government and Administration), Chapter 2 (Mayor and
City Council) Section 18) is hereby repealed except that it will continue to be in effect for
the purpose of governing the conduct of city officials and employees whose official
duties terminated before the enactment of this ordinance." See Ch. 23 for the Code of
Ethics and Compliance.
ARTICLE IV. - DEPARTMENTS
Sec. 2-164. - Designation of departments.
Subject to approval of Mayor and Council, the City Manager may make changes
to department designations.
(Code 1983, § 2-3-21)
Sec. 2-214. - Appropriations policy.
(a) Budgeted expenditures. Budgeted expenditures shall be approved in
advance by requisition signed by the appropriate department head, and
city manager when he so requires.
(b) Unbudgeted expenditures. Unbudgeted expenditures exceeding
available departmental funds shall be approved by the city manager and
city council prior to expenditure by the department head.
(c) Emergency expenditures. Emergency expenditures shall be approved
by the department head and shall be reported to the city manager and
the city council at the next regular meeting.
(d) Construction projects. Construction projects, as provided for by state
law, must be publicly advertised for bid prior to acceptance of contracts
by the mayor and council.
- Page 197 -Item #13.
(Code 1983, § 3-1-3)
ARTICLE VI. - BOARDS, COMMISSIONS, AND AUTHORITIES
DIVISION 1. - GENERALLY
Sec. 2-263. - Beach task force.
(a) Creation and purpose. There is created a commission to be known as
the Tybee Island Beach Task Force for the purpose of promoting the
health, safety, morals, convenience, order, prosperity and general
welfare of the city and to provide recommendations to the mayor and
council of the city regarding issues affecting the beach including but not
limited to beach erosion and renourishment, and to perform the functions
and duties stated herein.
(b) Name. The name of the committee shall be the Tybee Island Beach
Task Force and is hereinafter referred to as "the task force."
(c) Membership. The beach task force shall consist of not less than ten nor
more than 20 members appointed by the mayor and council, such
appointees being selected on the basis of their knowledge and interest in
protecting and promoting the natural characteristic of the city, espec ially
its beaches and shorelines, to serve three-year terms.
(d) Functions and duties. The task force shall:
(1) Promote beach preservation and maintenance.
(2) Promote beach renourishment.
(3) Promote prevention of shoreline erosion.
(4) Serve as a consultant body on beach and shoreline issues.
(5) Assist other entities in promoting the preservation of the ecology
and natural beauty of the city.
(6) Report on task recommendations to the mayor and council.
(7) Perform other duties related to the above functions as may be
directed by the mayor and council or by the city manager.
(8) Lobby state and federal entities on behalf of the city's beaches.
(e) Administration. The task force shall elect one of its members as chair
and one member as vice-chair and may elect as its secretary one of its
- Page 198 -Item #13.
own members or, with the approval of the mayor and council, may
appoint as secretary an employee of the city.
(f) Rules of procedure. The task force may establish such rules, bylaws
and regulations not inconsistent with the city Charter, ordinances or law,
as it deems appropriate and necessary for the fulfillment of its duties or
the conduct of its affairs. Copies of such rules, bylaws, and/or regulations
shall be filed with the clerk of council.
(g) Meetings. Meetings of the task force shall be scheduled as directed by
the chair or the membership. All meetings shall comply with the Georgia
Open Meetings Act (O.C.G.A. § 50-14-1 et seq.).
(Code 1983, § 2-3-30)
Sec. 2-264. - Reserved.
Editor's note— Ord. No. 2016-13 , § 1, adopted May 26, 2016, repealed §
2-264 which pertained to the creation of an audit committee and derived
from § 2-3-31 of the 1983 Code, and an ordinance adopted Sept. 14, 2006.
Sec. 2-265. - Master plan implementation committee.
(a) Creation. pursuant to section 3.11 of the city Charter there is created a
master plan implementation committee (hereinafter the "committee")
established by the mayor and council. The provisions of section 3.11 of
the Charter are incorporated herein.
(b) Purpose. The committee shall review the master plan and carrying
capacity report and monitor progress on their implementation and
recommend strategies and priorities for implementation to the city in
reports to the city council. The committee shall issue quarterly reports or
such other reports as might be requested by the mayor and council
concerning implementation of the master plan, the carrying capacity
report and improvements therein and recommendations for the updated
master plan to occur in five years. Following the completion of the
updated master plan, the committee may be terminated by the mayor and
council.
(c) Membership. The committee shall consist of not less than six nor more
than nine members to be appointed by the mayor and council by a
- Page 199 -Item #13.
majority vote. Such appointees shall be selected on the basis of their
knowledge and interest in creating and conforming to the master plan and
familiarity with the carrying capacity report. Members of the committee
shall serve five-year terms unless otherwise directed by the mayor and
council.
(d) Functions and duties. The committee shall:
(1) Review the current master plan of the city, which is a long range
plan, and to report no less than quarterly to the mayor and council on
the implementation thereof.
(2) Review the carrying capacity report provided to the city and report,
no less than quarterly, on events or changes that have impacted the
findings of the carrying capacity report or which are projected to
impact the carrying capacity report and findings therein.
(3) Recommend strategies and priorities for implementation of the
master plan in the committee reports to the city.
(4) Serve as a consultant body to the city through the mayor and
council on such issues as might be requested by the mayor and
council by resolution.
(5) Assist with the preparation of the updated master plan at the next
required five-year interval.
(6) Perform other duties related to the above functions as may be
directed by the mayor and council or the city manager.
(e) Administration. The committee shall elect one of its members as chair
and one member as vice chair and may elect as its secretary one of its
members.
(f) Rules of procedure. The committee may establish such rules, bylaws
and/or regulations not inconsistent with the city Charter, ordinances, or
laws as the committee deems appropriate and necessary for th e
fulfillment of its duties or the conduct of its affairs. Copies of such rules,
bylaws and/or regulations shall be filed with the clerk of council.
(g) Meetings. Meetings of the committee shall be scheduled by the chair
or the membership and all meetings shall be conducted in compliance
with the Georgia Open Meetings Act and all records of the committee
shall be subject to the Georgia Open Records Law.
(h) Oath. Each member of this committee shall take an oath of office before
each term of service as a member. The mayor is to administer the oath.
- Page 200 -Item #13.
A written representation of the oath is to be signed by the appointee and
retained by the clerk of council as an official city record. The oath shall
be administered as follows:
I do solemnly (swear) (affirm) that I will faithfully perform the duties of a
member of the Master Plan Implementation Committee of the City of
Tybee Island and that I will support and defend the Charter thereof as
well as the Constitution and laws of the State of Georgia and of the
United States of America.
(Ord. No. 31-2016 , § 1, 12-8-2016; Ord. No. 11-2017 , § 1, 7-13-2017)
Sec. 2-266 Ethics Commission.
The Ethics Commission is established pursuant to Chapter 23, Article
II of this Code. The Ethics Commission shall be convened and operated
pursuant to Chapter 23, Article II of this Code.
Sec. 2-267 Historic Preservation Commission.
The Historic Preservation Commission is established pursuant to
Appendix A – Land Development Code, Article 14, Sec. 14-030. The
Historic Preservation Commission shall have the powers, duties and
authority as set forth in Appendix A – Land Development Code, Article 14
of this Code.
Sec. 2-268 Planning Commission
The Planning Commission is established pursuant to Appendix A –
Land Development Code, Article 11, Sec. 11-010. The Planning
Commission shall be convened and operated pursuant to Appendix A –
Land Development Code, Article 11 of this Code.
Sec. 2-269 Development Authority and Main Street Board of Directors
- Page 201 -Item #13.
(a) Creation. Pursuant to Section 3.11 of the City Charter, Mayor and
City Council exercised their authority and created a Downtown
Development Authority (DDA).
(b) Purpose. The DDA shall seek to improve the quality of life for
those that live, work, and visit Tybee Island and enhance the
cultural experience while preserving the community’s barrier island
heritage. The DDA seeks historic preservation-based economic
development opportunities that balance design, business
assistance, promotion, and organization with established
committees and partners that share these values..
(c) Membership. The Tybee Island Development Authority/Main
Street Board of Directors is comprised of seven (7) Council
appointed Directors that are representatives which have an
economic interest within city limits, one of which is a City Council
member. A maximum of four (4) Ex-Officio Members may be
appointed to serve for a two-year term by a majority vote of the
Directors. An Ex-Officio Member shall represent the business
community, non-profit organization and/or be a full-time resident of
Tybee Island.
(d) Administration. The program is governed by the Board of
Directors who work with local and state partners to provide
technical assistance and financial opportunities with incentives, as
available, that encourage quality growth and development while
preserving Tybee Island’s unique architectural and community
heritage.
(e) Meetings. Meetings of the DDA shall be scheduled by the chair or
the membership and all meetings shall be conducted in
compliance with the Georgia Open Meetings Act and all records of
the authority shall be subject to the Georgia Open Records Law.
Secs. 2-270—2-291. - Reserved.
- Page 202 -Item #13.
4843-9750-3197.1
Secs. 2-297—2-335. - Reserved.
Secs. 2-341—2-363. - Reserved.
ARTICLE VII. - PROCUREMENT
Sec. 2-400. – Adoption and Publication of a Procurement Policy
The City Manager shall require the Finance Director to prepare a
Procurement Policy. The Procurement Policy will reflect all applicable
State and local laws and regulations as well as all applicable Federal laws,
regulations and standards. The Mayor and City Council shall approve the
Procurement Policy which will then govern all purchases and acquisitions
made by the City.
The Procurement Policy shall be available for inspection during
normal business hours in the offices of both the Finance Director and the
Clerk of City Council. The document shall also be posted on the City’s
website. Changes to the Policy must be approved by the Mayor and
Council.
( Ord. No. 15-2015, § 1, 5-28-2015 )
Sec. 2-401 to Sec. 2-422 Reserved.
- Page 203 -Item #13.
File Attachments for Item:
14. Resolution: 2021-03, Establish a Franchise Fee Applicable to Holders of Cable and Video
Franchises Issued by the State of Georgia
- Page 204 -Item #14.
RESOLUTION 2021-03
A RESOLUTION OF THE CITY OF TYBEE ISLAND THROUGH THE COUNCIL TO AUTHORIZE THE MAYOR TO
ESTABLISH A FRANCHISE FEE APPLICABLE TO HOLDERS OF CABLE AND VIDEO FRANCHISES ISSUED BY
THE STATE OF GEORGIA
WHEREAS, the City currently collects a franchise fee from any current cable or video providers;
WHEREAS, the City considers collecting a franchise fee from a cable or video provider utilizing the
public rights of way as compensation to the public for the use of the rights of way and a means of
promoting the public health, safety, welfare and economics development of the City and to protect
public works infrastructure;
WHEREAS, the City of Tybee Island is authorized to collect a franchise fee of 5%, the maximum
amount established by federal and state law, of each cable or video providers gross revenues received
from the provision of cable or video service generated within the City;
NOW THEREFORE BE IT RESOLVED, that the Mayor and Council of the City of Tybee Island hereby
requires a franchise fee of 5% of any cable or video state franchise holder’s gross revenues received
from the provision of cable or video service generated within the corporate boundaries of the City of
Tybee Island, pursuant to a franchise issued by the State of Georgia pursuant to O.C.G.A. 36-76-1 et seq.
known as the “Consumer Choice for Television Act” of 2007.
RESOLVED by the Mayor and Council of the City of Tybee Island this 11th day of February 2021.
ATTEST:
By _________________________ Mayor:___________________________
City Clerk City of Tybee Island
(SEAL)
- Page 205 -Item #14.
File Attachments for Item:
15. Resolution 2021-04, To accept a FEMA Pre-Disaster Mitigation Award
- Page 206 -Item #15.
STATE OF GEORGIA )
CITY OF TYBEE ISLAND )
CHATHAM COUNTY )
A RESOLUTION TO ACCEPT A FEMA PRE-DISASTER MITIGATION
AWARD TO DEVELOP A MASTER STORMWATER MANAGEMENT PLAN
AND TO ENTER INTO THE PRE-DISASTER MITIGATION PROGRAM
(PDM) RECIPEINT-SUBRECIPIENT AGREEMENT
WHEREAS, the City of Tybee Island ("City") has invested significant time
and money in working with various agencies, including the Georgia Department of
Community Affairs (DCA), the US Army Corps of Engineers, and the Georgia
Department of Natural Resources to build and maintain its coastal resilience
through regular beach nourishment, dune restoration, and dune vegetation; and
WHEREAS, the City is undertaking an assessment of the tidal salt marsh
area locally known as the Back River, backed by scientific research and
engineering analysis and design, which is critically important to future
improvements and potential flood mitigation solutions; and
WHEREAS the strengthening and maintenance of the City's coast and
marsh are vital to its protection from storm and flood events and its economic
growth and vitality as a popular resort destination; and
WHEREAS a master stormwater management plan must now be undertaken
which incorporates these coastal elements into a comprehensive assessment of the
City’s infrastructure and the development of a flood mitigation plan that protects
existing and potential future structures and resources, particularly critical facilities,
from coastal storms and rainwater flooding; and
WHEREAS, the City has been awarded funds in the amount of $189,375.00
by the Federal Emergency Management Agency (FEMA) to undertake such a plan;
and
WHEREAS City funds in the amount of $63,125.00 are available and have
been identified as the City's contribution under this Agreement as part of the
Department of Community Affairs OneGeorgia Grant to the City dated July 1,
2018 and ending April 30, 2021.
- Page 207 -Item #15.
4812-0935-7533.1
WHEREAS, to effectuate the FEMA award it is necessary to enter into a
Pre-Disaster Mitigation Program (PDM) Recipient-Subrecipient Agreement
(“Agreement”) and it is deemed in the best interest of the City to enter into such
Agreement.
NOW THEREFORE, be it resolved by the Mayor and Council, the City of
Tybee Island, in open meeting, duly assembled that the Mayor is hereby authorized
to execute all appropriate documents in connection with the Agreement and Grant
with FEMA and the Clerk of Council is authorized to Attest the Mayor's signature
on such documents.
This ______ day of February 2021.
______________________________
Shirley Sessions, Mayor
______________________________
Clerk of Council
- Page 208 -Item #15.
File Attachments for Item:
16. Bubba Hughes: Article VII of Appendix A - Land Development Code "Tree Removal
Regulations", Sec 7-040
- Page 209 -Item #16.
ORDINANCE NO. 2021-___
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF TYBEE
ISLAND SO AS TO INCLUDE PROVISIONS REGARDING APPLICATIONS FOR TREE
REMOVAL PERMITS, INSPECTIONS OF TREE REMOVAL ACTIVITIES, PENALTIES
FOR IMPROPER TREE REMOVAL AND TO REPEAL INCONSISTENT OR
CONFLICTING ORDINANCES AND TO ESTABLISH AN EFFECTIVE DATE
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to
adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the
citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under its police and home
rule powers; and
WHEREAS, it is desirable that requirements be established for tree removal so as to ensure
that sufficient trees and vegetation remain on any developed parcel of land and that those
individuals performing tree removal do so in a professional and responsible manner; and
WHEREAS, it has become important to ensure that the permitting process and
implementation of tree removal permits, be strengthened so that violations will be more
preventable; and
NOW THEREFORE, it is hereby ordained by the governing authority of the City of Tybee
Island duly assembled as follows:
SECTION I
- Page 210 -Item #16.
Existing Tybee Code Sections identified as Article VII of Appendix A- Land Development
Code “Tree Removal Regulations” Section 7-040 is hereby repealed in its entirety and is replaced
with the Code Section hereinafter set forth below.
Sec. 7-040. - Building permit required.
Any person desiring to clear land or remove trees to a density below that required in section
7-050 or remove a significant tree pursuant to this article shall apply for a building permit from
the city. See section 9-030 and Section 5-040 of this Land Development Code for requirements
and application procedure. A tree survey must be submitted before a permit can be issued.
All applications for tree removal permit approval must also include the below as well as
comply with Section 9-030 of Article IX – Building Regulations in the Land Development Code:
(1) Acknowledgment of the monitoring requirement set forth in Section 7-050 and the
consequences of failing to ensure such monitoring which may result in the inability to obtain
permits in the future;
(2) A statement that the applicant accepts responsibility to ensure the tree removal is
pursuant to all applicable code sections and that the applicant has informed the contractor
performing the work of the monitoring requirement and the consequences of failing to adhere
to the monitoring requirements;
(3) The application is signed by the contractor as well as the owner.
(Ord. No. 12-2012, 4-26-2012)
SECTION II
Existing Tybee Code Sections identified as Article VII of Appendix A- Land Development
Code “Tree Removal Regulations” Section 7-050 is hereby amended with the addition of
Subsection (E) which provides as follows:
(E) In the event an application for removal would seek to remove 5____ or more trees, nNo
tree shall be removed unless a representative of the City is present to monitor and observe the
removal to ensure compliance with the terms of the permit application, permit and all
applicable regulations or ordinances. After receiving their tree removal permit, an owner must
give seventy-two (72) hours’ notice to the City prior to removing any tree to allow the City
time to arrange for a City representative to present at the removal.
(Ord. No. 12-2012, 4-26-2012)
SECTION III
- Page 211 -Item #16.
Existing Tybee Code Sections identified as Article VII of Appendix A- Land Development
Code “Tree Removal Regulations” Section 7-090 is hereby amended with the addition of
Subsections (D) and (E) which provides as follows:
Sec. 7-090. - Penalties for unlawful tree removal.
(D) Any person who has been adjudged to have violated previous tree removal permits two
or more times within three years may be denied future tree removal permit pursuant to Section 7-
040 or any other permit under the Land Development Code for up to 3 years and may further be
subject to additional restrictions or requirements for any future permit issued.
(E) Any person who has violated the ordinance by removing trees without a permit for
removal, either directly or indirectly, including a owner or contractor, and in addition to all other
penalties, fines or sentences imposed, shall not be eligible for a building or other permit for a
period of 2 years from the date of conviction(s) for the unpermitted removal. The Mayor and
Council may allow a permit in cases of extreme hardship only, notwithstanding the foregoing.
(Ord. No. 12-2012, 4-26-2012)
SECTION IV
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION V
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee
Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
intention.
This Ordinance shall become effective on ________ day of __________________, 2021.
ADOPTED THIS __ DAY OF ___ , 2021.
_________________________________
MAYOR
ATTEST:
- Page 212 -Item #16.
4822-1645-1803.1
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
- Page 213 -Item #16.
File Attachments for Item:
17. Monty Parks: Sec 22-169(b) - Building Waste - Accumulations Prohibited
- Page 214 -Item #17.
Sec. 22-169. - Building waste—Accumulations prohibited.
(b)
On any construction site at which a container is used to store debris and trash during the project,
whether such container be a dumpster or other container of any sort, when active work ceases on
the project for every day, or any given day, a secure cover shall be placed over the dumpster or
container so as to prevent trash or construction debris to be subject to being blown out of the
dumpster or container.
- Page 215 -Item #17.
File Attachments for Item:
19. Shawn Gillen: Action Item List
- Page 216 -Item #19.
ACTION ITEM LIST
DATE ITEM ASSIGNED STATUS
1/11 Agenda item: Waive fees for non-profits Shawn To be on agenda for 1/28 - completed
1/11 Marine Science Center to come before Mayor and Council Shawn To be on agenda for 1/28 completed
1/11 Tybee Post Theater to come before Mayor and Council Shawn To be on agenda for 2/25
1/14 Water Rate Study Update Shawn To be on agenda for 1/28 Sending to Infracture Committee for recommendations
1/28 Schedule a workshop to discuss Alcohol Committee recommendations Jan Jan and Shawn to work on scheduling- completed
1/28 Code Review Update February 25 City Council Meeting
2/11 Schedule public meeting to discuss possible water rate changes Shawn On agenda for April 8
2/11 City/TIMA/YMCA/Greenline Shawn
Shawn to meet with each for requirements. Greenline for early drawings and cost for
expansion
2/11 Chairs for Council Chambers Jan Ordered. Four week delivery
2/25/2021 - Page 217 -Item #19.
ACTION ITEM LIST
2/25/2021 - Page 218 -Item #19.