HomeMy Public PortalAbout20210311Packet.pdf 20210311CityCouncilPacketMAYOR 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
March 11, 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: Rev. Kenneth Williams
Pledge of Allegiance
Announcements
Consideration of the approval of the minutes of the meetings of the Tybee island City Council
1. Minutes, February 25, 2021
Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5
minutes.
2. Kenny Thomas: Unopened Portion of 5th Street
Consideration of Approval of Consent Agenda
Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License
3. Commercial Film Production Request, Devotion. The requests in this second application
include an expanded footprint with locations in parking areas at North Beach and the
14th St Parking Lots, a larger number of parking spots requested than the first
application, as well as for production activity to begin two weeks before the actual shoot
date and end within the following week.
Consideration of Bids, Contracts, Agreements and Expenditures
4. Proposed for Electronic Warrants, Cloud Based Services, Cloud Gavel. $500
Annually. Allows detectives to write arrest warrants and search warrants as well as
video conferences with the judge
5. Fourth Amendment, Verizon Lease, Water Tower
6. Purchase of Property: Davis Cohen, Unopened Portion of 5th Street
7. Award of ITB 2021-759: Memorial Park Pavilion Renovation
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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
8. First Reading, 2021-08, Sec 22-169(b), Building Waste - Accumulations Prohibited
9. Second Reading, 2021-04, Parking Ordinance
10. 2021-05, Noise Ordinance. Due to the Fireworks publication requirement, Second
Reading will be March 25, 2021
11. Second Reading, 2021-06, Administrative Fines
12. Second Reading, 2021-07, Code Review, Chapter 2, Administration
Council, Officials and City Attorney Considerations and Comments
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:
1. Minutes, February 25, 2021
- Page 3 -Item #1.
City Council Minutes, February 25, 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, 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; and Janet LeViner, Clerk of Council. Barry
Brown attended via Zoom
Mayor Sessions listed the following items on the consent agenda:
Minutes, February 11, 2021, City Council Meeting
Crowder Gulf Contract Renewal, Disaster Recovery and Debris Management
FEMA Pre-Disaster Mitigation Assistance Award
Award of ITB 2021-758, Lighthouse Area Sewer, $413,345, Southern Champion
Construction, Inc. Discussion: Mr. Hughes clarified the document is that of Thomas and
Hutton and should be included in the motion: to approve the Thomas and Hutton contract
and for the Mayor and City Attorney to sign the contract.
Resolution 2021-04, To accept a FEMA Pre-Disaster Mitigation Award
Mayor Sessions called the regular meeting to order. All those present for the consent agenda
were present.
Opening Ceremonies
Call to Order
Invocation: Rev. Sue Jackson, Trinity Methodist Church
Pledge of Allegiance
Recognitions and Proclamations
Mayor Sessions asked Jan Will to come forward to be recognized for her work with the
Historic Preservation Commission. Dr. Gillen read a Certificate of Appreciation and presented
it to Ms. Will. Ms. Will thanked everyone for the recognition.
Mayor Sessions asked Mike Hosti and the staff of the Tybee Market to come forward. Dr. Gillen
read a Proclamation, Supermarket Employee Day, February 22, 2021 and presented Staff
and employees a Certificate of Appreciation.
Mayor Sessions invited Tim Echols, Vice Chairman, Georgia Public Service
Commissioner, to come forward and be recognized for his work in regulating clean energy and
solar power. Dr. Gillen presented Mr. Echols with a Certificate of Appreciation for his dedication
and advocacy to the City. Mr. Echols thanked Mayor Sessions and Council for the recognition.
Reports of Staff, Boards
Virginia Ward, Board President and Alan Robertson, Tybee Island Post Theater,
approached Mayor and Council to give an update on the Tybee Island Post Theater activities. As
one of the activities they offer to the residents of Tybee Island, are cash prizes for decorating
their homes for “Paint Tybee Green” for St. Patrick’s Day. The first prize is $1,000, second is $500
and third place is $250. She continued, the businesses do not participate with the cash prize but
are eligible for the Leprechaun Trophy. Ms. Ward stated they will continue to work with the
community non-profits in partnership as they are a lot of activities that go on outside the Theater
they need to be involved in. The Theater is more than a place to come for entertainment as they
are part of the community. Ms. Ward then presented a brief movie presentation. Mayor Sessions
thanked Ms. Ward and Mr. Robertson for their presentation.
- Page 4 -Item #1.
Citizens to be Heard
Mary Lou Vandenberg approached Mayor and Council to speak against South-end
Bathrooms as it will change the historic character of the Strand from one of pristine dunes and
ocean views to one of an overbuilt beach resort in her opinion. Mayor Sessions thanked Ms.
Vandenberg for her comments.
Marie Rodriguez approached Mayor and Council to speak against the proposed Noise
Ordinance. Ms. Rodriguez expressed her concerns with a Tybee Island Police Officer or Code
Enforcement Officer issuing a ticket based on a complaint. Mayor Sessions thanked Ms. Rodriguez
for her comments.
Jennifer Knox approached Mayor and Council to speak against proposed Noise Ordinance.
Ms. Knox stated her business, The Sand Bar, voluntarily change the time of the music from
midnight to 10:00PM and recently at 9:30PM they received a citation. They are trying to do the
right thing and would like to know how they are protected against unfounded complaints. Mayor
Sessions asked Ms. Knox to contact the City Manager and schedule a meeting so he can address
her concerns. Dr. Gillen confirmed.
Christain Sahr, 503 Miller, approached Mayor and Council and supports the 10:00PM as stated
in the proposed Noise Ordinance. Mayor Sessions thanked Ms. Sahr.
Barry Brown made a motion to approve the consent agenda. Monty Parks seconded. Vote
was unanimous to approve, 6-0.
Consideration of Bids, Contracts, Agreements and Expenditures
Purchase of Property: Davis Cohen, Unopened Portion of 5th Street. Item postponed.
Will be heard on March 11, 2021.
Strand Promenade and South End Bathrooms. Dr. Gillen stated he has been in contact
with Georgia Department of Natural Resources (DNR) and they are asking we come back to them
with a modified permit of the Dune Project Permit to allow for the bathrooms to be constructed
on the seaward side of the sidewalks. Concerns have been raised by residents and with that he
did conduct public meetings. He stated they took their recommendations and revised the plans
and met with DNR. A layout was done which modified from the original plan. He continued, the
plan is much smaller now and fits the nature of the Strand. Dr. Gillen stated the height of the
restrooms was also a concern which he tried to mitigate. One idea was to turn the restroom
perpendicular to the sidewalk to make it less wide and the view obstruction would only be 9’
versus 21’. DNR was opposed to this plan. The decking was removed from the project which
lessened the height and the restrooms would remain parallel to the sidewalks. Dr. Gillen then
showed artistic renderings depicting the proposed location of the bathrooms. With the mitigation,
this brings in the facilities the City is looking for and increases the bathrooms on the south-end
and makes it a much nicer facility. He reminded Mayor and Council, Chatham County is funding
this project through SPLOST. The new concept is much like that at North Beach but not as
clustered, it is more spread out. Dr. Gillen stated he is asking Mayor and Council for approval of
the layout and structure of the buildings and locations. This would then go to DNR for a
modification to the current permit that the City holds for the Dune Project. This would not
approve the project as it still needs to go out for bid. Ms. DeVetter asked Dr. Gillen if he has
spoken to DNR regarding the changes. Dr. Gillen concurred. Ms. DeVetter asked if they were in
agreement with the concrete pads rather than the decking. Dr. Gillen again concurred. Mr.
Gulbronson stated the restrooms will be placed on permeable pavers not concrete pads. By
removing the decking and using the permeable pavers, the sq ft of the bathroom is less than that
of the decking. Mr. Parks asked Mr. Gulbronson to speak to the impact on the dunes. Mr.
- Page 5 -Item #1.
Gulbronson stated in the area of 17th south where the proposed restrooms are located there is
approximately 17 feet from the sidewalk to the toe of the dunes and the proposed restrooms will
fit in that area. When the dunes were designed, they left the area bigger so it could accommodate
the restrooms. Mr. Parks expressed his concerns with disturbing the existing dunes and
vegetation. Mr. Gulbronson stated the proposed restrooms will stay landward of the sand fencing.
Mr. Parks asked if they anticipate the new dunes growing in height and eventually grow higher
than the restrooms. Mr. Burke expressed his concerns with the growth of the dunes as they
might migrate over the sidewalks and into the parking lot. Mr. Gulbronson stated they are building
a 2’ retaining wall which would keep the dunes from migrating west. Mr. Gulbronson confirmed.
Mayor Sessions confirmed with Dr. Gillen he is seeking approval from Mayor and Council for
conceptual design layout only. Dr. Gillen confirmed. Spec Hosti made a motion to approve
moving forward with drawings, location and the permitting process. Monty Parks seconded.
Discussion: Mr. Burke expressed his concerns with spending dollars on new bathrooms when
existing bathrooms are failing. Dr. Gillen stated the County is providing SPLOST funding for the
new bathrooms. The City is rehabbing the existing bathrooms at the Old Marine Science Center.
Vote was unanimous to approve, 6-0. Discussion: Dr. Gillen stated, for a timeline, the City will
make an application for the DNR May 2021 meeting. If approved, then the project would go to
bid and thirty days after that, bids would be opened with construction planned for mid-October
2021. Mr. Gulbronson reminded Mayor and Council within that time frame there would be public
meetings and public comment period. Mayor Sessions asked Dr. Gillen to include information on
the website regarding the next steps in the permitting process.
Consideration of Ordinances, Resolution
First Reading, 2021-04, Parking Ordinance. Mr. Hughes approached Mayor and Council. He
stated the purpose of the draft ordinance before them tonight is to update the existing parking
ordinance and to catch up with technology as the existing ordinance deals with meters more than
with the pay and display and apps. This will also modernize and make it consistent with the
practices the Parking Department has developed over the years with collection methods. Mr.
Hughes stated the most significant change is it now prohibits the parking of recreational vehicles
in the City parking lots. The ordinance as written only deals with basically updating technology
either opting on the alternatives, Sec 66-184, dealing with the Misuse of Decals and the penalty
that is imposed by the Department. He has added an alternative. Under the proposed ordinance,
recreational vehicles would be prohibited from parking in City lots. Mr. Parks asked Mr. Hughes if
this isn’t the policy that has been in place for some time. Mr. Hughes replied this is the ordinance
but there is an alternative for Parking Department to refer for collection rather than sending to
the Courts. Mr. Hosti asked about the off-season. Mr. Hughes stated in the off-season they can
use the meters to pay for parking north of 14th Street. Mayor Sessions asked if “off-season” was
defined in the ordinance. Mr. Hughes stated no but he would be glad to include. Mr. Hosti
recommended defining the seasons for parking. Spec Hosti made a motion to approve with
changes to include the definition of “seasons”. John Branigin seconded. Vote was unanimous
to approve, 6-0.
First Reading, 2021-05, Noise Ordinance. Mr. Hughes stated the proposed ordinance is a
change to the existing ordinance as it directed only to the residential components where the
standard in the residential area would be plainly audible sounds at given distances. This would
be a violation at certain times of the day or night as opposed to current ordinance which applies
across the board and sound limits that are not time oriented in residential areas or anywhere.
The purpose of the proposed ordinance is to protect residents, occupants of Short Term Vacation
Rentals (STVR’s), long term rentals and basically everyone from excessive noise in residential
areas. This does not impact commercial areas as the proposed ordinance is only changing the
standard in the residential zones. The permissibility of outside music, amplified or otherwise is
not addressed and there is a recommendation it be considered as a component of the
- Page 6 -Item #1.
Entertainment Licenses. He stated those issues would continue to be as they are now, controlled
by the sound limits, as the receiving land use by decibel readers and levels opposed to the plainly
audible standard. Mr. Branigin recommended changes for second reading, as to the days of the
week, as stated now, Saturday and Sunday, should include Friday, Saturday and holidays. He
continued, he feels the proposed ordinance is better as Code Enforcement Officers will be in the
community and will be able to head off potential offenders without having a complaint. Mr.
Branigin recommendation the City continue with asking individuals to turn down the music as
they generally comply. Mr. Parks stated he is in favor of the proposed ordinance as one of the
key differences is Code Enforcement will be addressing the noise with warnings or writing a ticket
which is not a criminal violation. Mr. Hosti expressed his concerns with crafting an ordinance that
is enforceable by Code Enforcement Officers. Mr. Hughes stated he has never seen this written
into an ordinance or state law as it is the same discretion as to issuing a warning or ticket. Ms.
DeVetter recommended deleting “pure tone provision” from the proposed ordinance. She
continued, residents would like the weekend hours to be earlier, 11:00PM, rather than mid-night
and she supports that change. Ms. DeVetter agreed with Mr. Branigin as this is a non-complaint
based ordinance that Code Enforcement can identify issues without the complaining party. She
then made reference to the enforcement provisions. She asked what the penalty for violating
the ordinance is and feels it is covered by the Administrative Fines, but should there be a provision
in the ordinance to refer to both the Disorderly House and the Administrative Fines. Mr. Hughes
confirmed to a cross reference and eliminating the pure tone. Ms. DeVetter confirmed. Mr.
Branigin stated 11:00PM on Friday and Saturday evenings is too restrictive. Monty Parks made
a motion to approve to include Ms. DeVetter’s recommendations: delete pure tone; cross
referencing Code Enforcement and Administrative Fines; and time remaining at midnight. Jay
Burke seconded. Voting in favor were Jay Burke, Monty Parks, John Branigin, Barry Brown and
Spec Hosti. Voting against was Nancy DeVetter. Motion to approve, 5-1.
First Reading, 2021-06, Administrative Fines. Dr. Gillen stated this is an expansion of what
Code Enforcement can do and sets a new set of Administrative Fines. The program is working
as it is shifting work from the police officers to the Code Enforcement Officers. Instead of having
a criminal citation written, the individual would receive an Administrative Citation. He continued
to discuss the existing procedures as to the fines and is recommending approval. Mr. Parks made
reference to “dogs on the beach”. Previously the fine was $300 and with court costs, the final
cost is over $700. He is in favor of de-escalation of some fines and the Administration Fines
structure is positive. Monty Parks made a motion to approve. Nancy DeVetter seconded.
Voting in favor were Jay Burke, Monty Parks, John Branigin, Nancy DeVetter and Spec Hosti.
Voting against was Barry Brown. Motion to approve, 5-1.
First Reading, 2021-07, Code Review, Chapter 2, Administration. Dr. Gillen stated the
process started in 2016 and is now before Mayor and Council. Mr. Hughes asked if there are
questions. Ms. DeVetter stated she would like to clarify a couple of issues that citizens have
brought to her: (1) Mayor and Council are not discussing the ethics portion of the Code Review
at this time; (2) Dr. Gillen not covered under the ethics as he is covered under the Code of Ethics
for City Managers; and (3) to allow a more efficient administration of the procurement policy.
Monty Park made a motion to approve. Nancy DeVetter seconded. Discussion: Mayor
Sessions thanked everyone who was involved with the Code Review. Vote was unanimous to
approve, 6-0.
Resolution: 2021-03, Establish a Franchise Fee Applicable to Holders of Cable and
Video Franchises Issued by the State of Georgia. Mr. Hughes stated this is at the
suggestion of the firm that is currently under contract with the City to assist with the management
of the right-of-ways. The proposed Resolution was prepared by them so it is to be documented.
Monty Parks made a motion to approve. Spec Hosti seconded. Vote was unanimous to
approve, 5-0. Ms. DeVetter stepped away from the meeting.
- Page 7 -Item #1.
Council, Officials and City Attorney Considerations and Comments
Bubba Hughes: Article VII of Appendix A - Land Development Code "Tree Removal
Regulations", Sec 7-040. Mr. Hughes stated the discussions were held recently regarding requiring
improvements in the Tree Ordinance with instances to the removal of five (5) or more trees. A
City official or a designee of Planning and Zoning Office must be present to monitor the removal
and on the application for a permit, it will provide notice of the fact they are aware prior to any
removal. The permit holder would also have to acknowledge by signing the document. This is
also to amend the separate section if there is a violation two (2) or more times during a three (3)
year period you can be denied any permit with the City for up to three (3) years and could be
restricted in the future. He continued, the proposed amends so that any person who removes
trees without a permit including the owner and/or contractor, in addition to all other penalties,
shall not be eligible for any building or other permit for a period of two (2) years from the date
of conviction for the unpermitted removal. One additional change would be Mayor and Council
could approve a permit under extreme hardship. Mr. Shaw clarified the current Tree Ordinance
includes the definition of a tree as to what can be cut without a permit. Mayor Sessions explained
why the City is moving in this direction as there are residents and/or contractors are not adhering
to the permit. Nancy DeVetter made a motion to approve and send to the Planning Commission
for the recommendations. John Branigin seconded. Motion was unanimous to approve, 6-0.
Monty Parks: Sec 22-169(b) - Building Waste - Accumulations Prohibited. Mr. Parks
recommended Mr. Hughes bring back proposed changes in ordinance form to include language
giving residents 24 hours to add a cover to the dumpster.
Dr. Gillen stated there were meetings by the Alcohol Workgroup and their
Recommendations are included in the packet before them tonight. The next step is to bring to
Mayor and Council for their recommendations. Jay Burke recused himself from the
discussion. Mr. Parks recommended Dr. Gillen take each item separately for discussion. Mr.
Hosti asked if this could be added to Mayor and Council’s long range plan that is ongoing. Dr.
Gillen confirmed. Mr. Hosti asked the next steps if Mayor and Council voted in the affirmative.
Dr. Gillen responded, it would become part of the Goals and Objectives of City Council to develop
a long range plan to address the ten (10) recommendations from the Alcohol Work Group. Mayor
Sessions stated of the twelve (12) items only two (2) items are budget related: (1) Better Training
for Servers and (2) Liability Insurance. Mr. Branigin stated many items the City Manager has the
authority to move forward on and others are policy decisions that Mayor and Council can give
him direction. Two (2) items require ordinance involvement. Dr. Gillen concurred as he can
move forward with (1) filling vacant police officers positions; (2) make public safety employees
salary more competitive, above the 65th percentile; and (3) create a more visible presence in the
south-end business district while maintaining adequate coverage for the rest of the City. He
continued, if Mayor and Council vote to agree on the three (3) items above, these items would
be a priority in the budget process. Mayor pro tem Brown made reference to the bar owners
responsibility, how much will this cost and what is the financial burden on the residents. He
recommended the bar owners hire doormen to assist with alcohol consumption. Dr. Gillen stated
Mayor and Council will need to give him authority to move forward with the budgetary items
above and the other items are policy driven. Mayor Sessions concurred. Mr. Hughes stated of
the two remaining items: (1) better training for servers and (2) liability insurance are the only
two he feels that Mr. Branigin and Mr. Hosti need to recuse on participating in a vote as it impacts
their direct business. These two items would require an ordinance specifically. He recommended
Staff review the application requirements and the owners would demonstrate what precautions
they take as it would be their security plan for operating the business. Mr. Hughes stated Ms.
O’Connell, Dr. Gillen and himself met to revise the application forms. Mayor pro tem Brown
agreed with Mr. Hughes recommendation. Ms. DeVetter stated there are two things that need
- Page 8 -Item #1.
to be addressed via ordinance and can be voted on to send to Mr. Hughes for completion. The
remaining items can be sent to Dr. Gillen for inclusion in the budget. Dr. Gillen confirmed.
Nancy DeVetter made a motion to have Mr. Hughes to draft an ordinance based on the two (2)
bar rules as listed in the Recommendations from the Alcohol Workgroup and the other items to
be tasked to Dr. Gillen for budgetary consideration, implementation into the Strategic Plan, and
to recommend an amount these recommendations and implementations cost the City. Monty
Parks seconded. Discussion: Mr. Branigin expressed his concerns with the cost to the City and
in regards to the cameras, they would be more wide spread over the Island for many reasons.
Mr. Parks agreed with the two proposed ordinances and would like to see those proposed
ordinance “for discussion only” on an upcoming agenda rather than for first reading. He would
also ask Dr. Gillen to find other incentives for hiring of new officers not only with salaries. Dr.
Gillen asked if the bullet point regarding long range planning. Ms. DeVetter stated she would
recommend it be included in the Strategic Planning. Dr. Gillen concurred. Ms. DeVetter
restated her motion: Refer the two ordinance provisions for the liquor licensing, Safe Serve
and Liability Insurance, to Mr. Hughes for drafting of a proposed ordinance to come back to Mayor
and Council for “discussion only”. Monty Parks seconded. Vote was unanimous to approve, 3-
0. Voting in favor were Monty Parks, Barry Brown and Nancy DeVetter. John Branigin, Spec
Hosti and Jay Burke recused.
Nancy DeVetter made a motion to task Dr. Gillen with implementation of remaining non-
budgetary items and through the long-term Strategic Plan. Monty Parks seconded. Vote was
unanimous to approve, 5-0. Jay Burke recused.
Shawn Gillen discussed the Action Item List and the progress of each item.
Barry Brown made a motion to adjourn. John Branigin seconded. Vote was unanimous to
approve, 6-0.
Meeting adjourned at 9:10PM.
______________________________
Janet R. LeViner, MMC
Clerk
- Page 9 -Item #1.
File Attachments for Item:
2. Kenny Thomas: Unopened Portion of 5th Street
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File Attachments for Item:
3. Commercial Film Production Request, Devotion. The requests in this second application
include an expanded footprint with locations in parking areas at North Beach and the 14th St
Parking Lots, a larger number of parking spots requested than the first application, as well as
for production activity to begin two weeks before the actual shoot date and end within the
following week.
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File Attachments for Item:
4. Proposed for Electronic Warrants, Cloud Based Services, Cloud Gavel. $500 Annually. Allows
detectives to write arrest warrants and search warrants as well as video conferences with the
judge
- Page 40 -Item #4.
CLOUDGAVEL
PROPOSAL FOR ELECTRONIC WARRANTS
CLOUD BASED SERVICES
Tybee Island Police Department
78 Van Home Ave.
Tybee Island, Georgia 31328
02-04-21
Submitted by:
Casey Roussel, COO
CloudGavel
504-559-2607
Casey.roussel@cloudgavel.com
- Page 41 -Item #4.
CloudGavel, LLC All Rights Reserved | 4305 Bluebonnet Blvd., Baton Rouge, LA 70809 | 1-866-297-5155 | cloudGavel.com
OVERVIEW
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CloudGavel SOLUTION
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- Page 42 -Item #4.
CloudGavel, LLC All Rights Reserved | 4305 Bluebonnet Blvd., Baton Rouge, LA 70809 | 1-866-297-5155 | cloudGavel.com
Industry Leading Warrants Process
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CloudGavel enables law enforcement officers to act quickly and to ensure the safety of those officers as
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- Page 43 -Item #4.
CloudGavel, LLC All Rights Reserved | 4305 Bluebonnet Blvd., Baton Rouge, LA 70809 | 1-866-297-5155 | cloudGavel.com
Proposal for the Tybee Island Police Department
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3. CloudGavel supports the electronic Warrants solution with 24 by 7 telephone and email support – support
continues for as long as client remains a supported customer. Telephone/email support is backed by a
growing library of on-line video tutorials and self-paced learning.
4. This agreement auto-renews annually unless cancelled by either party.
Agreed to and Accepted:
For CloudGavel., LLC For Tybee Island Police Department
_____________________ ______ _____________________ _____
Casey Roussel, CCO Date NAME: Date
TITLE:
Remit to: CloudGavel, LLC
8733 Siegen Lane, Suite 147
Baton Rouge, LA 70810
Attn: Devika Singh, devika.singh@fusionstak.com 225-773-6394
2-23-21
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File Attachments for Item:
5. Fourth Amendment, Verizon Lease, Water Tower
- Page 45 -Item #5.
LESSEE Site Name: Tybee Island
LESSEE Contract #: 83835
FOURTH AMENDMENT TO
WATER TOWER ATTACHMENT LEASE AGREEMENT
THIS FOURTH AMENDMENT TO WATER TOWER ATTACHMENT LEASE
AGREEMENT (this "Fourth Amendment") is made and entered into this ___ day of ________, 20__, by and
between the CITY OF TYBEE ISLAND, GEORGIA (hereinafter collectively referred to as "LESSOR"),
and VERIZON WIRELESS OF THE EAST LP, a Delaware limited partnership, d/b/a Verizon Wireless
f/k/a ALLTEL COMMUNICATIONS, LLC d/b/a Verizon Wireless, with its principal office located at One
Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920, (hereinafter referred to as "LESSEE").
W I T N E S S E T H:
WHEREAS, LESSOR and Savannah MSA Cellular Partnership, as predecessor-in-interest to
ALLTEL Communications, Inc., as predecessor-in-interest to ALLTEL Communications, LLC, as
predecessor-in-interest to LESSEE, entered into a Water Tower Attachment Lease Agreement dated November
3, 1992, as amended by the First Addendum to Water Tower Attachment Lease Agreement dated November
10, 2000, as amended by the Second Amendment to Water Tower Attachment Lease Agreement dated June 1,
2011, as amended by the Third Amendment to Water Tower Attachment Lease Agreement dated February 13,
2015 (collectively referred to as the "Agreement"), with respect to certain portion of the Property and space on
the Tower located at latitude 31º 01̍ 19" and longitude 80º 50̍ 59" in the City of Tybee Island, Georgia, together
with certain utility and access easements, all as more particularly described therein; and
WHEREAS, Lessor and Lessee desire to amend the terms of the Agreement.
NOW THEREFORE, the Agreement is hereby amended as follows:
1. Section 4 of the Agreement is hereby amended by extending the term of the Agreement for
five additional periods of five (5) years each (each additional period individually an
“Additional Renewal Term”; collectively, the “Additional Extended Term”).
1.
2. Effective at the commencement of the first Additional Renewal Additional
Extended Term provided for in this Amendment, the Rent shall increase by
Four Hundred Dollars ($400.00) per month. Throughout the Additional
Extended Term, the Rent shall be adjusted annually.
effective on each anniversary of the first Additional Renewal Term, by an amount equal to
three percent (3%) over the Rent for the immediately preceding year. This Rent adjustment
shall supersede and replace any prior Rent adjustments; provided, however, that no
adjustment will occur until the First Additional Renewal Term. Any Rent previously
paid from and after the commencement of the first Renewal Term
provided for in this Amendment shall be offset against the new Rent. Rent shall be
adjusted annually, effective on each anniversary of the commencement of
the Additional Extended Term, by an amount equal to three percent (3%)
over the Rent for the immediately preceding year. This Rent
adjustment shall supersede and replace any prior Rent
adjustments. Throughout the Additional Extended Term, as hereinafter defined, the
Rent shall be adjusted on the first anniversary of the Renewal Term
(“August 1, 2022”), by an amount equal to three percent (3%) over the
Rent for the immediately preceeding year. This Rent
Formatted: Numbered + Level: 1 + Numbering Style: 1,
2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5"
+ Indent at: 1"
Formatted: Justified, Indent: Left: 1"
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2
adjustment shall supersede and replace any prior Rent
adjustments.
3. Section 5(c)(i)(ii)(iii) of the Agreement is hereby deleted in its entirety.
4. In the event of a conflict between this Fourth Amendment and the Agreement, the terms of
this Fourth Amendment will control.
5. Except as specifically amended in this Fourth Amendment, all other provisions of the
Agreement will remain in full force and effect.
[Signatures appear on next page]
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3
109309863
IN WITNESS WHEREOF, the parties hereto have set forth their hands and affixed their
respective seals as of the day and year first above written.
LESSOR:
THE CITY OF TYBEE ISLAND, GEORGIA
By:
Name:
Title:
Date:
LESSEE:
VERIZON WIRELESS OF THE EAST LP
A Delaware limited partnership,
d/b/a Verizon Wireless
By: Cellco Partnership, its General Partner
By:
Name:___________________________
Title:____________________________
Date:
- Page 48 -Item #5.
File Attachments for Item:
6. Purchase of Property: Davis Cohen, Unopened Portion of 5th Street
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File Attachments for Item:
8. First Reading, 2021-08, Sec 22-169(b), Building Waste - Accumulations Prohibited
- Page 67 -Item #8.
ORDINANCE NO.: 2021-_____
AN ORDINANCE TO AMEND SECTION 22-169 IN ORDER TO PROVIDE FOR A
GRACE PERIOD FOR AN OWNER, CONTRACTOR OR REPRESENTATIVE AS
APPROPRIATE PRIOR TO ENFORCEMENT RELATING TO DEBRIS COVER
VIOLATIONS
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
NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee
Island that Section 22-169 be amended so that hereafter it will read as follows:
SECTION I
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, following a 24 hour
period of the placement of the dumpster or container on the construction site 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.
SECTION II
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
- Page 68 -Item #8.
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
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:
ENACTED:
- Page 69 -Item #8.
File Attachments for Item:
9. Second Reading, 2021-04, Parking Ordinance
- Page 70 -Item #9.
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; 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 Constituti on 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
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;
- Page 71 -Item #9.
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.
(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
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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 mo bile
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.
(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.
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(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.
Recreational vehicles as defined above, are allowed to park on Butler Ave./Hwy 80, north
of 14th St., in any metered space or spaces between November 1 through March 1 of each year
provided each space occupied by the entire vehicle is properly paid for.
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 t he driver. Refrigeration 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
Sec. 66-135 Definitions
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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 storing coins of United States
money, a slot or place in which the coin may be deposited; a timing mechanism to indicate the
passage of the interval of time during which parking is permissible and which shall also display
an appropriate signal when the aforesaid interval of time shall have elapsed; also brief in structions
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
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.
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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 matter s 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 requirements 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 ca rts,
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.
(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.
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(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 these
provisions shall be deemed to be illegally parked when the time signal on the par king 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 p rovisions 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)
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.
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(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 whi ch 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 f ull 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.
(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)
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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.
(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
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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 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 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 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 o f 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
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)
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- Page 80 -Item #9.
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 park ing.
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 r ights 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, 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 issued 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 trailers 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 s pace
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 t o 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 excess of seven co nsecutive 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.
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- Page 81 -Item #9.
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; 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
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;
- Page 82 -Item #9.
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.
(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
- Page 83 -Item #9.
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.
(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.
- Page 84 -Item #9.
(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 an y 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.
Recreational vehicles as defined above, are allowed to park on Butler Ave./Hwy 80, north
of 14th St., in any metered space or spaces between November 1 through March 1 of each year
provided each space occupied by the entire vehicle is properly paid for.
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 t he driver. Refrigeration 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
Sec. 66-135 Definitions
- Page 85 -Item #9.
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 storing coins of United States
money, a slot or place in which the coin may be deposited; a timing mechanism to indicate the
passage of the interval of time during which parking 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
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.
- Page 86 -Item #9.
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 requirements 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.
(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.
- Page 87 -Item #9.
(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 failure to make payments as
required by pay and display devices and/or pa yment 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 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 an y 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)
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.
- Page 88 -Item #9.
(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 div ision 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.
(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)
- Page 89 -Item #9.
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.
(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, ther eon has
been paid. The decal is intended to be issued only to city residents and evidence
- Page 90 -Item #9.
sufficient to establish residency within the city including deeds, homestead exemptions,
utility bills, and/or an affidavit may be submitted for proof of residency. D ecals 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 ob tain 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 sh all 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 su ch 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 b e 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, de cals 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 carts) may be issued pursuant to section 66 -
181(a) upon presentation of appropriate documentation to establish residen cy 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 ens ure 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
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)
- Page 91 -Item #9.
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 citation by a parking enforcement officer, the city marshal, or a police
officer, for illegal use of the decal, with said c itation 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 fai led 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 than 24 hours in one
parking space from Memorial Day weekend be ginning 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 hol idays 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 of 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 fines or penalties authorized by this Code.
(Ord. No. 31-2014, 5-24-2014)
Secs. 66-186—66-206. - Reserved.
- Page 92 -Item #9.
File Attachments for Item:
10. 2021-05, Noise Ordinance. Due to the Fireworks publication requirement, Second Reading
will be March 25, 2021
- Page 93 -Item #10.
03.01.21C – (REDLINE) Revised Ordinance to Amend Code RE Noise
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, The City of 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 94 -Item #10.
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 advisab le 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 of Tybee Island 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 to 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 95 -Item #10.
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 commercia l 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 96 -Item #10.
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 qu iet 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 o ther 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 97 -Item #10.
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 othe r 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 98 -Item #10.
(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.; or
(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 real property boundarylimits, 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, hoot, 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 vehicle, 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.
- Page 99 -Item #10.
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 vehicle, 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, 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 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 Friday, Saturday, and Sunday 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, anyexcessive 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 real property boundary 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 102:00 p.m. midnight 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 excessive 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 102:00
p.m.midnight and 7:00 a.m. on Friday, Saturday and Sunday and holidays.
- Page 100 -Item #10.
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 Friday, 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 social event to produce excessive noise
in such a manner so as to that 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 102:00 p.m.midnight and 7:00 a.m. on Friday, 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
real property boundary 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 101 -Item #10.
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.
(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
Formatted: Font: Italic
- Page 102 -Item #10.
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.
(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 c aused 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.
If the Director finds that the application adequately demonstrates the urgent need for a
variance from the above allowable work hours, adequately provides for mitigation of the
- Page 103 -Item #10.
impact upon surrounding and nearby properties, and pose s 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 hereafter created, such restrictions shall be as specified in
Section 22-112(a) for the times and days specified therein.
(e) Enforcement of violations hereof may be designated as administrative civil p enalties and
addressed pursuant to the ordinances in Chapter 43 of this Code and/or the disorderly house provisions,
Chapter 22, Section 33 et seq. or by cited ordinance violation through the citation system depending
upon the severity of the violation or the nature or circumstances thereof.
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.
- Page 104 -Item #10.
ADOPTED THIS __ DAY OF ___ , 2021.
_________________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
- Page 105 -Item #10.
File Attachments for Item:
11. Second Reading, 2021-06, Administrative Fines
- Page 106 -Item #11.
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 107 -Item #11.
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 108 -Item #11.
______________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING: ______
SECOND READING: ______
ENACTED:
- Page 109 -Item #11.
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 110 -Item #11.
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 111 -Item #11.
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 112 -Item #11.
Proposed fee schedule with corresponding expansion of
administrative civil penalties
Smoking in prohibited area
- Page 113 -Item #11.
File Attachments for Item:
12. Second Reading, 2021-07, Code Review, Chapter 2, Administration
- Page 114 -Item #12.
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 115 -Item #12.
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 116 -Item #12.
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 117 -Item #12.
(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 118 -Item #12.
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 119 -Item #12.
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 120 -Item #12.
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 121 -Item #12.
(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 122 -Item #12.
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 123 -Item #12.
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 124 -Item #12.
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 125 -Item #12.
(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 126 -Item #12.
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 127 -Item #12.