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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 - Page 1 - 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.” - Page 2 - 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 - Page 10 -Item #2. - Page 11 -Item #2. - Page 12 -Item #2. - Page 13 -Item #2. - Page 14 -Item #2. 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. - Page 15 -Item #3. - Page 16 -Item #3. - Page 17 -Item #3. - Page 18 -Item #3. - Page 19 -Item #3. - Page 20 -Item #3. - Page 21 -Item #3. - Page 22 -Item #3. - Page 23 -Item #3. - Page 24 -Item #3. - Page 25 -Item #3. - Page 26 -Item #3. - Page 27 -Item #3. - Page 28 -Item #3. - Page 29 -Item #3. - Page 30 -Item #3. - Page 31 -Item #3. - Page 32 -Item #3. - Page 33 -Item #3. - Page 34 -Item #3. - Page 35 -Item #3. - Page 36 -Item #3. - Page 37 -Item #3. - Page 38 -Item #3. - Page 39 -Item #3. 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 CloudGavel is the global leader in electronic warrants. We are committed to national leadership in training, best practices, awareness and product innovation. Our single focus is to help law enforcement professionals, judges, courts and clerks of court have the best available technology, training and processes available for warrant creation, servicing and archiving. CloudGavel SOLUTION CloudGavel is pleased to submit this proposal for services to support the Tybee Island Police Department with our cloud based electronic warrants solution. CloudGavel brings speed and efficiency to the Warrant process. The CloudGavel solution is all inclusive and delivers these impressive features: • Latest Technology - Old paper-based systems are being replaced by electronic systems that save time increasing law enforcement effectiveness while cutting costs out of the process. Any internet capable device can prepare and submit warrants to the judge, from anywhere at any time. • Common warrant language and forms – within an agency, within a judicial district, and within a state….consistent and specific forms, workflow and process improves productivity for everybody • Economical and Flexible – solution supports unlimited users in your agency. Simple to set up, administer and use…no hardware or software to install or support. Pricing is population based so the cost scales from smaller to larger agencies. A single agency can participate along with their judge (s), or all agencies in a judicial district or county can participate together as a multi- jurisdiction solution….. regional solutions can easily grow out over time. • Tailored for your State and Agency – CloudGavel at no cost to your agency sets up your unique state forms (arrest, subpoena, etc.) and your statutes, as well as your judges/districts and other location specific data to speed data entry and warrant creation • Custom Integrations – where desired, API’s allow integration of CloudGavel with agency RMS systems eliminating duplicate data in many cases and enabling effective information sharing. • Enhanced Security – CJIS compliant hosting environment with highest security protocols hosted on Amazon’s government AWS cloud hosting environment – the best quality in the world. - 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 CloudGavel simplifies and expedites the warrant approval and issuance process by allowing public safety officers to use any device with secure internet access to log on to our web application and generate a warrant. After the electronic warrant is automatically populated, it is then electronically sent to a judge for review and approval. Fast Justice CloudGavel enables law enforcement officers to act quickly and to ensure the safety of those officers as well as the general public. Law enforcement officers are able to take action as soon as they have probable cause, thereby reducing the possibility that a suspect will be tipped off and flee. If required, a secure video conferencing link between the officer and judge can be utilized. A judge is able to review the warrant and respond from anywhere, eliminating the need to physically be in an office. Value CloudGavel saves countless hours, and even days, of lost time over the course of a year. By maximizing the efficient deployment of police resources, agencies reduce unplanned overtime used to process warrants and file paperwork. - 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 We are providing an unlimited use license plan for our CloudGavel electronic warrants solution for the Tybee Island Police Department. Users from agencies other than the above are not permitted. Client can add as many users for their agency via the simple Administrator function or by the CloudGavel support team. Billing and Support 1. The Tybee Island Police Department will pay an annual fee of $500 for an unlimited use license, which is billed annually. This site license allows the Department to add as many users as they wish and complete an unlimited number of warrants. 2. Client will provide a list of users for CloudGavel to set up initially. 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 - Page 44 -Item #4. 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" - Page 46 -Item #5. 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] - Page 47 -Item #5. 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 - Page 49 -Item #6. - Page 50 -Item #6. - Page 51 -Item #6. - Page 52 -Item #6. - Page 53 -Item #6. - Page 54 -Item #6. - Page 55 -Item #6. - Page 56 -Item #6. - Page 57 -Item #6. - Page 58 -Item #6. - Page 59 -Item #6. - Page 60 -Item #6. - Page 61 -Item #6. - Page 62 -Item #6. - Page 63 -Item #6. - Page 64 -Item #6. - Page 65 -Item #6. - Page 66 -Item #6. 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 - Page 72 -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 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. - Page 73 -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 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 - Page 74 -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 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. Formatted: Font: 12 pt Formatted: Font: 12 pt - Page 75 -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 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. Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt - Page 76 -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 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. - Page 77 -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 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) - Page 78 -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, thereon has been paid. The decal is intended to be issued only to city residents and evidence Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman, 12 - Page 79 -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. 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) Formatted: Font: (Default) Times New Roman, 12 Formatted: Font: (Default) Times New Roman, 12 Formatted: Font: (Default) Times New Roman, 12 Formatted: Font: (Default) Times New Roman, 12 - 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. Formatted: Font: 12 pt - 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.