HomeMy Public PortalAbout20210325Packet.pdfMAYOR CITY MANAGER
Shirley Sessions Dr. Shawn Gillen
CITY COUNCIL CLERK OF COUNCIL
Barry Brown, Mayor Pro Tem Jan LeViner
John Branigin
Jay Burke CITY ATTORNEY
Nancy DeVetter Edward M. Hughes
Spec Hosti
Monty Parks
CITY OF TYBEE ISLAND
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
A G E N D A
REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL
March 25, 2021 at 6:30 PM
Please silence all cell phones during Council Meetings
Consideration of Items for Consent Agenda 6:30PM
Opening Ceremonies
Call to Order
Invocation
Pledge of Allegiance
Announcements
Consideration of the approval of the minutes of the meetings of the Tybee island City Council
1. Minutes: City Council Meeting, March 11, 2021
Consideration of Boards, Commissions and Committee Appointments
2. Historic Preservation Commission: Mary Anne Butler
Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5
minutes.
3. Shirley Wright: A Resident's Observations
If there is anyone wishing to speak to anything on the agenda other than the Public Hearings,
please come forward.
Consideration of Approval of Consent Agenda
Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License
4. Sunrise Parking Lot: Add seven (7) additional parking spaces
Consideration of Bids, Contracts, Agreements and Expenditures
5. Request for City Council Approval of an alternative location for the 14th Street
crossover. The City Engineer worked with the DNR to identify two viable options for
the crossover. These options are indicated on the attachment. The council can select
- Page 1 -
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
one of the two options for an application for a permit from the DNR. Alternatively, the
council can choose to not submit a permit application.
6. Skidaway Institute Dune Monitoring Project: Amendment to extend Agreement a
second year
Consideration of Ordinances, Resolutions
7. Second Reading: 2021-05, Noise Ordinance
8. First Reading, 2021-08, Chapter 26 - Fire Prevention and Protection
9. First Reading, 2021-09, Chapter 30, Law Enforcement
10. First Reading, 2021-10, Sec II, Sec 6-14, Insurance Requirements and Safe Serve for all
Alcohol Serving Licensees
11. First Reading, 2021-11, Disaster Recovery, Emergency Management.
Council, Officials and City Attorney Considerations and Comments
12. Bubba Hughes: Ante Litem Notice - Jacqueline Cason
13. Shawn Gillen: Strategic Plan
14. Shawn Gillen: Action Item list
Executive Session
Discuss litigation, personnel and real estate
Possible vote on litigation, personnel and real estate discussed in executive session
Adjournment
Individuals with disabilities who require certain accommodations in order to allow them to observe and/or
participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are
required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations
for those persons.
*PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings,
should do so during the citizens to be heard section. Citizens wishing to place items on the council
meeting agenda must submit an agenda request form to the City Clerk’s office by Thursday at 5:00PM
prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City
Hall and at www.cityoftybee.org.
THE VISION OF THE CITY OF TYBEE ISLAND
“is to make Tybee Island the premier beach community in which to live, work, and play.”
THE MISSION OF THE CITY OF TYBEE ISLAND
“is to provide a safe, secure and sustainable environment by delivering superior services through responsible
planning, preservation of our natural and historic resources, and partnership with our community to ensure
economic opportunity, a vibrant quality of life, and a thriving future.”
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File Attachments for Item:
1. Minutes: City Council Meeting, March 11, 2021
- Page 3 -Item #1.
City Council Minutes, March 11, 2021
Consideration of Items for Consent Agenda
Mayor Sessions called the Consent Agenda to order at 6:30PM. Those present were Jay Burke,
Monty Parks, John Branigin, Barry Brown, Nancy DeVetter and Spec Hosti. Also attending were
Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; Tracy O’Connell, Assistant City
Attorney; George Shaw, Director, Community Development; and Janet LeViner, Clerk of Council.
Mayor Sessions listed the following items on the consent agenda:
Minutes, February 25, 2021, As amended
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
Fourth Amendment, Verizon Lease, Water Tower
Award of ITB 2021-759: Memorial Park Pavilion Renovation
Mayor Sessions called the regular meeting to order. All those present for the consent agenda
were present.
Opening Ceremonies
Call to Order
Invocation: Rev. Kenneth Williams
Pledge of Allegiance
Citizens to be Heard
Kenneth Thomas approached Mayor and Council to speak against the 5th Avenue unopened
r-o-w agenda item.
Pat Wallenborn, approached Mayor and Council to speak against the 5th Avenue unopened
r-o-w agenda item.
Linda Hilts, approached Mayor and Council to speak against the 5th Avenue unopened r-o-
w agenda item.
Laura Bryant, approached Mayor and Council to speak to the Commercial Film Production
Request.
Cecilia Upchurch, approached Mayor and Council to speak against the 5th Avenue unopened
r-o-w agenda item.
John Harvey, approached Mayor and Council to speak against the 5th Avenue unopened r-
o-w agenda item.
Lee Cohen approached Mayor and Council to speak to his request for the 5th Avenue unopened
r-o-w
Davis Cohen, approached Mayor and Council to speak to his request for the 5th Avenue
unopened r-o-w
Anna Butler approached Mayor and Council to reconsider the proposed 200’ rule. Noise
Ordinance
Monty Parks made a motion to approve the consent agenda. Barry Brown seconded. Vote
was unanimous to approve, 6-0.
Consideration of Local Requests & Applications – Funding, Special Events, Alcohol
License
Commercial Film Production Request, Devotion. The requests in this second
application include an expanded footprint with locations in parking areas at North
- Page 4 -Item #1.
Beach and the 14th Street Parking Lots, a large 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. George Shaw approached
Mayor and Council. He stated this is an additional request for the movie Devotion. John Branigin
stated his only question relates to the first day of filming, Wednesday, April 7th at 3rd Street where
the prep-crew begins at 4:00AM and the Crew Call is at 5:00AM. He is concerned as there are
residents in that area. Laura Bryant, Location Manager, film Devotion approached Mayor and
Council. Ms. Bryant stated they have a pre-crew that will put as much as can in place the night
prior to filming but some equipment must be placed the day of filming. She further stated they
are in constant contact with the building owners, Home Owners Association, businesses and Bed
and Breakfast’s to make them aware of their schedule. Letters were sent to include her contact
information so they can contact her with questions and concerns. Mr. Burke introduced himself,
stated his family owns Burke Beach Rental, and stated he is not sure if he can vote on this agenda
item. There was a general discussion regarding his family business and possible impact in which
Ms. Bryant stated she will ensure all businesses are contacted to address impending impact.
Mayor pro tem Brown stated if there are reimbursement issues for any of the businesses that
might be effected by the filming, he is sure Ms. Bryant would work with them. Mr. Hughes stated
he was not aware that this was going to be an issue and Mr. Burke should not participate or vote.
Barry Brown made a motion to approve. Monty Parks seconded. Vote was unanimous to
approve, 5-0 as Jay Burke recused himself. Discussion: Mr. Hosti asked Ms. Bryant to ensure
residents and businesses are aware of the proposed scheduled for filming. Ms. Bryant stated
they are working hard to do a hand deliver two letters: one will be done a week prior to start
and the second two days prior to start to include information that is more definitive. She
recommended including on the City’s website. Mayor Session asked Dr. Gillen to ensure this is
done.
Consideration of Bids, Contracts, Agreements and Expenditures
Purchase of Property: Davis Cohen, Unopened Portion of 5th Street. George Shaw
approached Mayor and Council. He stated Staff is not recommending approval of this purchase.
Monty Parks made a motion to deny. John Branigin seconded. Vote was unanimous to deny,
6-0.
Consideration of Ordinances, Resolution
First Reading, 2021-08, Sec 22-169(b), Building Waste - Accumulations Prohibited.
Monty Parks stated Mr. Hughes has brought this forward at his request. He explained the
change which would be if a resident gets a dumpster placed on their property for construction;
you have 24 hours to place a cover on it. Spec Hosti made a motion to approve. Monty Parks
seconded. Vote was unanimous to approve, 6-0.
Second Reading, 2021-04, Parking Ordinance. Mr. Hughes stated the only change that
has occurred is the issue of parking recreational vehicles in what is considered the off-season.
He continued, in checking with the Parking Department, they allow parking north of 14th Street
between November 1st and March 1st of each year. This has been added to clarify the off-season
issue. Spec Hosti made a motion to approve. Monty Parks seconded. Vote was unanimous
to approve, 6-0.
2021-05, Noise Ordinance. Due to the Fireworks publication requirement, Second
Reading will be March 25, 2021. No action taken.
Second Reading, 2021-06, Administrative Fines. Monty Parks asked if the matrix of fines
will be posted on the website so it will be available to everyone, therefore public knowledge. Dr.
Gillen confirmed. Mayor pro tem Brown asked Dr. Gillen how many people have requested
appeals. Dr. Gillen responded approximately 15% and those are asking for warnings rather than
- Page 5 -Item #1.
a fine. He stated it is infrequent he reduces violations to a warning. John Branigin made a
motion to approve. Monty Parks seconded. Vote was unanimous to approve, 6-0.
Second Reading, 2021-07, Code Review, Chapter 2, Administration. Monty Parks
made a motion to approve. Nancy DeVetter seconded. Vote was unanimous to approve, 6-0.
Monty Parks made a motion to adjourn to Executive Session to discuss Real Estate and
Litigation. John Branigin seconded. Vote was unanimous to approve, 6-0.
Monty Parks made a motion to return to regular session. Barry Brown seconded. Vote was
unanimous to approve, 6-0.
Barry Brown made a motion to adjourn. John Branigin seconded. Vote was unanimous to
approve, 6-0.
Meeting adjourned at 8:00PM.
______________________________
Janet R. LeViner, MMC
Clerk
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File Attachments for Item:
2. Historic Preservation Commission: Mary Anne Butler
- Page 7 -Item #2.
- Page 8 -Item #2.
File Attachments for Item:
4. Sunrise Parking Lot: Add seven (7) additional parking spaces
- Page 9 -Item #4.
- Page 10 -Item #4.
File Attachments for Item:
5. Request for City Council Approval of an alternative location for the 14th Street crossover.
The City Engineer worked with the DNR to identify two viable options for the crossover. These
options are indicated on the attachment. The council can select one of the two options for an
application for a permit from the DNR. Alternatively, the council can choose to not submit a
permit application.
- Page 11 -Item #5.
This map was created using geothinQ | www.geothinQ.com | Mapping Smart Land Decisions
14TH ST
CROSSOVER
OPTIONS
03/18/2021
Parcels
- Page 12 -Item #5.
File Attachments for Item:
6. Skidaway Institute Dune Monitoring Project: Amendment to extend Agreement a second
year
- Page 13 -Item #6.
Skidaway Institute Dune Monitoring Project - Amendment to extend
Agreement a second year:
At their August 27, 2020 meeting, Council approved a one-year Sponsored Research Agreement
between the City and Skidaway Institute of Oceanography for a Dune Monitoring Project. That
Agreement will end May 31, 2021.
The project has been very successful to date, with Skidaway Institute providing invaluable data
on the erosion and accretion of our dune system. We had been working with the US Army
Corps of Engineers for them to fund Years 2 and 3 of the project, but given staff turnover at
USACE, we would like to keep the project going another year. We continue to work with USACE
on funding for future years of the project.
Council is asked to approve the attached Amendment to extend the current Agreement one (1)
year, from June 1, 2021 to May 31, 2022. All terms and conditions remain the same. The cost of
the additional year is $74,587.00, to be invoiced in four equal quarterly payments.
The original Agreement and this Amendment both are funded under the City's Department of
Community Affairs OneGeorgia grant.
- Page 14 -Item #6.
AMENDMENT NUMBER 01
TO THE
SPONSORED RESEARCH AGREEMENT
BETWEEN
UNIVERSITY OF GEORGIA RESEARCH FOUNDATION, INC.
AND
CITY OF TYBEE
This Amendment Number 01 is made and entered into March 9, 2021 in support of research services to be conducted by
and under the direction of University of Georgia’s employee, Dr. Clark Alexander, on the sponsored research project
entitled Development and Documentation of Best Practices for Drone Monitoring of Man-made Dunes on the Georgia
Coast: A Tybee Island Case Study with the City of Tybee.
WHEREAS, the parties wish to add an additional year to the project, amend the Scope of Work and project
budget to the Sponsored Research Agreement.
•This Amendment shall change the end date of the Term from May 31, 2021 to May 31, 2022.
•This Amendment adds a new Scope of Work to the existing scope. The first sentence of Paragraph 1 of
Sponsored Research Agreement shall be replaced in its entirety with the following:
UGARF will complete, or have completed, the research project titled “Development and Documentation of Best Practices
for Drone Monitoring of Man-made Dunes on the Georgia Coast: A Tybee Island Case Study” and further described in
Appendix A and A-1 (“Project”) by subcontracting performance of the Project to UGA. UGARF, through its
subcontractor UGA, will use reasonable efforts to perform the Project according to the standards customary among U.S.
research universities.
The parties have attached a copy of Appendix A-1 to this Amendment for reference.
•This Amendment adds $74,587 in new funding. Sponsor shall deliver a series of payments to UGARF per
the following payment schedule (with the option of prepayment of any and all amounts if desired):
Due Date Payment Amount
September 30, 2021 $18,647.00
December 31, 2021 $18,647.00
March 31, 2022 $18,647.00
June 30, 2022 $18,646.00
The parties agree that all other terms and conditions of the original sponsored research agreement, except as
revised by this amendment and any previous amendments, remain in full force and effect.
UNIVERSITY OF GEORGIA CITY OF TYBEE ISLAND
RESEARCH FOUNDATION, INC.
By: By:
Name: Name:
Title: Title:
Date: Date:
- Page 15 -Item #6.
Appendix A-1
A Proposal to the City of Tybee Island
Development and Documentation of Best Practices for Drone
Monitoring of Man-made Dunes on the Georgia Coast: A Tybee
Island Case Study – Phase II
Proposed by: Dr. Clark Alexander
Director and Professor
UGA-Skidaway Institute of Oceanography
Savannah, GA 31411
clark.alexander@skio.uga.edu
Time Requested: 12 months
Period of Performance: June 1, 2021 – May 31, 2022
Budget Requested: $74,587
Background
In natural systems, coastal sand dunes have always been the first line of defense in
protecting against shoreline erosion during periods of elevated sea level and wave attack
during storms. These features act as sacrificial stores of sand that are preferentially eroded
and redistributed within the coastal system. In addition, for developed settings, dunes
provide a bulwark against damage and loss of upland infrastructure, both public and private.
Dune creation as a way to protect upland infrastructure is not a new idea, but one that has
taken on new prominence with increases in coastal development, rates of sea level rise, and
storm intensity in the past decades.
Many man-made dune projects have been built to specific engineering design
standards to address needs in specific locations, but typically lacked detailed plans to
monitor the performance and change of these features with time. Further, any monitoring
that was conducted typically involved a tradeoff between data coverage and the
cost/labor/time involved to collect the data. Typically this resulted in a low density sampling
at infrequent intervals, inadequate to monitor detailed change in response to environmental
conditions. Recently, the wide availability and ease of use of unmanned aerial systems
(UAS; i.e., drones) has provided a comprehensive, rapid, efficient way to collect data for
man-made dunes systems, at a frequency that is responsive to seasonal changes of the
beach. Although dune creation has been planned for coastal Georgia, best practices for
monitoring these construction projects has yet to be documented. New dunes constructed
on Tybee Island in March 2020 provide an exceptional opportunity to develop protocols for
monitoring these features. Year 1 of this project (June 1, 2020 – March 31, 2021), funded
by the City of Tybee, included the development of dune monitoring protocols and the
development of an outline for a best practices manual that can be used by coastal
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communities to monitor future dune creation and enhancement projects. This Phase II
proposal (monitoring year 2) will monitor the new dunes on Tybee Island, and will refine the
guidance document into an implementable best-practices manual. The City of Tybee has
received funding through a coastal incentive grant from the Georgia Department of Natural
Resources to support monitoring the success of vegetative plantings on these new dunes.
We will coordinate closely with those researchers to develop an integrated, best practices
guidance document and to assess the success of these plantings for as long as their project
continues.
An UAS is currently being used by my lab group to monitor the changes occurring to
an artificially created sand berm on the north shore of Cockspur Island (just west of Tybee
Island), the home of Fort Pulaski National Monument (FOPU). This sand berm was created
by the US Army Corps of Engineers from dredge material in partnership with the GA–DNR
and NPS-FOPU in 2015, to protect Ft. Pulaski cultural resources from destruction by
erosion, and as an experimental beneficial use of dredge material. Using an UAS, we have
been monitoring the sand berm and its dynamics since summer 2017. Each flight collects a
set of photographs that are combined to create a photomosaic. This photomosaic is
georeferenced to real-world coordinates, and a digital surface model (DSM) is created from
this photomosaic using photogrammetric techniques. Time-sequential DSMs are subtracted
in a GIS to determine areas and volumes of sand change. In this current study, we have
been able to identify which areas are eroding and accreting most rapidly, highlight what
directions sediment is being transported, determine the lifespan of the deposit so that plans
can be made to replenish the feature at the appropriate time, and have determined that only
quarterly surveys are necessary to adequately capture seasonal shoreline change.
Study Area
Tybee Island is located at the mouth of the Savannah River on the Atlantic Ocean. To
the north, the island is bordered by the south channel of the Savannah River, to the east by
the Atlantic Ocean, and on the south and west by Tybee Creek and an expansive tidal
marsh system. Historically, sea walls, groins and revetments have been built to replace the
natural dune system on the island as it has eroded away. Before the current dune
restoration, the dune system was discontinuous and occurred mainly on the central portion
of the oceanfront beach and on the north end of the island, both as a result of beach
renourishment efforts on the island. The proposed surveys will cover the entire constructed
dune system, beginning from the north federal groin (Fort Screven) to the south end of the
island (Chatham Avenue), and stretches about 4.5 km (3 miles). The survey area will be
divided into seven rectangular sections. Each section will have a buffer around the edge of
the dune to avoid distortion when creating the Digital Surface Model (DSM). The seaward
extent of the buffer will include as much of the beach surface as possible given tidal
conditions, and will abut residential housing, parking lots and streets on the landward side.
This will not only help create a well-
- Page 17 -Item #6.
Figure 1. Map of Tybee Island showing the proposed survey boxes for artificial dune
monitoring. Based on drone battery endurance from prior experience, seven separate
survey flights (red boxes) will be required to cover the complete dune system.
- Page 18 -Item #6.
defined image, but also provide insight into sediment movement within close proximity to the
dune field. The total area covered in this survey is approximately 0.5 km2 (0.18 mi2; Fig. 1).
Methods & Equipment
Data Collection
For this study we will be using a DJI Phantom 4 Pro and a DJI Phantom 4 RTK unmanned
aerial system to survey and acquire images of the dunes and their immediate surroundings.
Both drones are equipped with high definition cameras and are some of the most popular
drones for mapping and photogrammetry. The DJI Phantom 4 RTK is similar to the DJI
Phantom 4 Pro, but is equipped with a real-time kinematic (RTK) unit to produce highly
accurate aerial maps with no or a very limited number of Ground Control Points (GCP)
needed.
Given the slightly curving shoreline and the expanse of the study area, the area of
survey will be divided into seven different sections, each averaging 0.65 km (0.41 mi) in
length. Each section overlaps with the neighboring section to assure a seamless mosaic.
Square targets with a black and white checkered pattern are placed throughout the study
area and serve as GCPs. To achieve greatest accuracy, 5 to 12 GCPs, depending on which
drone will be used, will be randomly placed in each section before each flight and
immediately removed after the flight is completed. The center of each GCP target will be
measured using a mobile real-time kinematic GPS unit (RTK-GPS). The RTK system
provides sub-decimeter accuracy in elevation and coordinate measurements. In addition to
GCPs, 20 to 25 accuracy points will be surveyed to aid in the post processing of the
acquired images, as needed. Double gridded flight patterns (flying parallel and
perpendicular to the dune line) will be set using Pix4D capture and the DJI GS RTK
application before each flight. To achieve an optimal ground sampling distance of
approximately 1.50 cm/pixel, the drone will be flown at 50 to 53 m (approx. 160 to 175 ft.)
flight altitude. Images taken during the flights will be stored on 128 GB SD cards and
processed at the UGA Skidaway Institute of Oceanography.
Each section will take approximately 60 minutes to fly, including the time it takes to
land and replace batteries mid-survey, given the flight altitude and area. Battery life is
estimated to be about 30 minutes, therefore two to three batteries per section will be
needed. The survey crew consists of at least two people: the remote pilot in command (PIC)
who manipulates the flight controls and the visual observer (VO) who scans the airspace
where the drone is operating for any possible hazard like birds or power lines. A third person
might be potentially added to the crew to survey the GCPs and accuracy points while the
drone is being flown and therefore expedite the survey process. RTK-GPS equipment
accuracy will be assessed on a survey-by-survey basis by taking two 180 second
observation at a known National Geodetic Survey horizontal and vertical survey benchmark
on or close to Tybee Island.
Limitations on the data collection method include weather, temperature, beach traffic
and battery life. Only conditions with no precipitation, wind speeds below 18 knots, a
temperature below 35 degrees Celsius, and with a cloud ceiling 500 feet above planned
flight altitude are within equipment operating limits. Batteries require a cool down period
after use and therefore can’t be immediately recharged and cycled back into use. Taking
these limitations into account, we propose to fly in the mornings on weekdays and complete
each survey within five days.
- Page 19 -Item #6.
Surveys will be completed on a quarterly basis. A similar study on nearby Cockspur
Island has shown that monthly surveys did not show significant changes in beach
morphology, but a quarterly survey schedule was appropriate to monitor change and to
follow sediment movement. The first survey was collected in mid-March 2020, based on the
completion time of the dune system, to establish a baseline and a first draft monitoring
protocol. This flight will begin the quarterly survey schedule. The Year 1 surveys were
conducted in March and June 2020, and will be completed in September and December
2020. Phase II (monitoring year 2) surveys will be conducted in March, June, September
and December 2021. In addition to regularly scheduled surveys, one additional survey will
be performed each year after a major event (i.e., a winter storm or hurricane). If a hurricane
does not occur within the year, as we all hope it does not, I am confident that Tybee will
endure one major winter storm within this period. In flight pre-planning, we will coordinate
with Alan Robertson and City of Tybee public safety officials to plan our surveys when
Tybee public events are not scheduled and will contact them again one week in advance of
the survey to assure that no events or other concerns have arisen.
During the study, the monitoring protocol and framework of a best-practices manual
for monitoring beaches and dunes with drone equipment developed in Year 1 will be
formalized and updated with insights gained through additional monitoring work in this
Phase II proposal. As noted above, this proposal will coordinate closely with the dune-
vegetation monitoring project currently funded by the DNR-CIG program for as long as it
continues.
Data Processing
After each survey the acquired geotagged images will be processed in Pix4Dmapper
Pro. All photos and GCPs will be loaded into one project to create a point cloud using
Structure-from -Motion photogrammetric techniques within Pix4D. The concept is based on
acquiring the geometry of a feature or object from analyzing multiple, overlapping images
taken from different perspectives. The resulting point cloud can then be interpolated into a
digital surface model (DSM), a cell gridded, raster-based representation of height values of
the point cloud. This point cloud is tied to real-world coordinates and elevations using the
RTK-GPS surveyed points taken at the time of the imagery collection. DSM’s are imported
into ArcGIS where volumetric and morphological changes can be computed and presented
as maps. The final product will consist of maps, GeoTiffs (georeferenced [.tif] format files)
with a 1 m x 1 m resolution and as tabular data in digital format.
Equipment & Software
All equipment and software needed to perform the proposed activities are already in the
possession of the Alexander lab at the UGA Skidaway Institute of Oceanography.
1) DJI Phantom 4 Pro with an aerial-optimized f/2.8 wide-angle lens camera with a 24
mm equivalent focal length and mechanical shutter.
• Remote Control with Ipad and sun shield
• DJI and Pix4D capture application software.
- Page 20 -Item #6.
2) DJI Phantom 4 RTK with RTK receiver to provide cm-level mapping accuracy
• SDK Remote Controller, DJI GS RTK application
• 8 x intelligent flight batteries
• 2 x 128 GB SD card (1 card per complete survey)
3) Trimble RTK-GPS (antenna, controller, mifi hotspot), tripod and survey pole
4) 15 custom-built GCPs
5) Beach cart to transport materials to study areas
6) Log books, chargers, backpacks, robust GIS computer, 24TB archival server
7) Pix4Dmapper Pro photogrammetric software
8) ESRI ArcGIS 10.5 desktop software
Project Deliverables
The proposed project is focused on the collection of aerial imagery, aerial
photogrammetry to produce geospatial products for analysis, and the production of a best
practices manual for monitoring created dune systems. The proposed surveys (see Figure
1) will cover the entire constructed dune system, beginning from the north federal groin (Fort
Screven) to the southern tip of the island (end of Chatham Avenue), and stretches about 4.5
km (3 miles). The survey area will be divided into seven rectangular sections. The total area
covered in this survey is approximately 0.5 km2 (0.18 mi2). Five surveys will be conducted:
four quarterly surveys; and one “event” survey after a hurricane or major storm event.
The project deliverables are as follows:
Geospatial data products
1) Georeferenced individual images taken of the dunes and beach. There will be 7
survey boxes, each of which typically contain ~2,000 images, for a total of ~14,000
images per quarterly survey. Over the 5 surveys, we will collect ~70,000 images and
over the two years will collect ~140,000 images.
2) Georeferenced photomosaics of each survey box. All images from each survey will
be mosaiced to create single images covering each survey box. There will be 7
boxes * 5 surveys, for a total of 35 photomosaics per year, for a total of 70
photomosaics. Printed copies of each survey box photomosaic will be provided.
Single, whole beach photomosaics of each survey can be produced if desired, but
the files are extremely large (100s of GB), and not easily manipulated.
3) Georeferenced digital surface models (DSMs) of each survey box. Georeferenced
point clouds of elevation data will be produced from each survey photomosaic using
photogrammetric techniques to create single DSMs for each survey box. There will
be 7 boxes * 5 surveys for a total of 35 DSMs per year, for a total of 70 DSMs. DSMs
will be provided as GeoTiffs (georeferenced [.tif] format image files) with a 1 m x 1 m
resolution, and as XYZ text files. Printed copies of each survey box DSM will be
provided as well. Single, whole beach DSMs of each quarterly survey can be
produced if desired.
Technical report and components
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1) A technical report containing the approach, methods, procedures, results and
interpretation of the data collected in this study. Major components will include the
following:
a) An integration of Year 2 data and conclusions with the geospatial results and data
derived from the Year 1 results of this study. Additional deliverables to be
provided in Year 1 include an analysis of dune creation volumes and locations on
the beach using USACE pre-project topographic data, contractor as-built
topographic survey data, and drone-derived March 2020 DSMs.
b) A sequential volumetric analysis of dune volumes and changes over the 5 survey
periods over 2 years. These analyses will identify locations and volumes of sand
being redistributed within the new dune system, and will project future changes in
dune integrity.
c) An analysis of vegetation height change over the two years, and a comparison of
dune integrity in areas with no vegetation versus areas with vegetation (working
with CIG-funded Georgia Southern researchers).
d) A best-practices manual for constructed dune and beach monitoring with drones.
This manual will be based on the monitoring framework developed in Year 1 of
this study, and updated with insights gained through additional monitoring in Year
2.
Budget Justification
Funds requested in this budget directly support the activities described above.
Alexander requests 0.5 m of salary support ($9,320) to oversee the project. Each beach
survey flight is anticipated to take about a months’ time, with about one week each to
prepare for and plan the flight, conduct the data collection, perform image processing,
integrate the data into the GIS and conduct GIS analyses, and write up results from each
survey. With 5 flights scheduled, this equals about eight months of technician time required
for this one-year project. This proposal requests eight months’ salary support ($34,336) for
Claudia Venherm, Alexander’s extremely experienced, FAA-certified drone technician who
is currently conducting the drone surveys at Fort Pulaski. Combined total fringe benefits
costs of $19,400 are also requested for Alexander and Venherm.
Other costs requested include: $750 for travel to and from the study site and $4,000
in expendable supplies for fieldwork (new GCPs, drone batteries, needed drone repairs and
propellers, portable hard drives for data sharing, partial cost of the ESRI ArcGIS and Pix4D
photogrammetry software maintenance contracts). All direct costs total $67,806 and
Indirect costs are $6,781 (using the 10% state agency indirect cost rate). The total
requested to fund this dune monitoring research and best practices manual development is
$74,587.
- Page 22 -Item #6.
File Attachments for Item:
7. Second Reading: 2021-05, Noise Ordinance
- Page 23 -Item #7.
ORDINANCE NO. 2021-05
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF TYBEE
ISLAND SO AS TO REVISE PROVISIONS ADDRESSING PROHIBITED NOISE THAT IS
UNREASONABLY LOUD, RAUCOUS, JARRING, DISTURBING OR A NUISANCE
WITHIN THE AREA OF AUDIBILITY AND TO REPEAL INCONSISTENT OR
CONFLICTING ORDINANCES AND TO ELIMINATE PROVISIONS REGARDING
DECIBEL LEVELS FOR THE CONTROL OR MEASUREMENT OF NOISE IN CERTAIN
AREAS AND SUBSTITUTING IN LIEU THEREOF A STANDARD OF PLAINLY
AUDIBLE FROM A SPECIFIED DISTANCE FOR DETERMINATIONS OF OFFENSIVE OR
PROHIBITED NOISE AND TO RECOGNIZE THE ADOPTION OF CIVIL PENALTIES FOR
OFFENSES INCLUDING PROHIBITED NOISE, FOR THE REPEAL OR CONFLICTING
ORDINANCES, TO ESTABLISH AN EFFECTIVE DATE AND TO AUTHORIZE THE
ENFORCEMENT THEREOF
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to
adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the
citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under its police and home
rule powers; and
WHEREAS, the control of sound and sound making devices which produce noise at levels
that are unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of
audibility is necessary for the peace and wellbeing of residents and visitors to the City; and
WHEREAS, Tybee Island is unique in the location of business establishments, a county
pier where events are conducted and residential dwellings that coexist in close proximity to
commercial establishments that provide gatherings, music and other sources of sound; and
- Page 24 -Item #7.
WHEREAS, wind directions and wind speed can have significant impacts on the
distribution of sounds; and
WHEREAS, in order to permit commercial operations including restaurants and
entertainment locations to properly monitor their own sound levels and to determine when they
are or may be potentially in violation of the noise ordinance, it is advisable to have a decibel
standard in commercial and similar zones; and
WHEREAS, the City of Tybee Island has for in excess of 15 years explored alternative
methods of addressing noise, noise complaints, disorderly behavior in various residential and other
areas; and
WHEREAS, the City has attempted to improve the peace, tranquility and health and safety
of residents and occupants of residential dwellings by controlling or limiting unreasonably loud
noises through sound level controls based on decibel levels and in the opinion of many, the efforts
have not been as successful in residential areas as desired; and
WHEREAS, court decisions upholding the constitutionality of the restrictions on noise and
noise producing activity where doing so creates "plainly audible" disturbances too occupants of
nearby properties have been recognized and resulted in successful prohibitions and prosecutions;
and
WHEREAS, the City of Tybee Island has adopted several zoning districts and it is the
intention herein that all districts be the subject of sound and excessively loud noise or sound
restrictions; and
WHEREAS, the City of Tybee Island has previously adopted administrative procedures
for civil penalties for certain Code violations which can include unreasonably loud noise
violations;
- Page 25 -Item #7.
NOW THEREFORE, it is hereby ordained by the governing authority of the City of Tybee
Island duly assembled as follows:
SECTION I
Existing Tybee Code Sections identified as Article 4 of Chapter 22 "Noises" Sections 22-
110 through 22-112 are hereby repealed in their entirety and are replaced with the Code Sections
hereinafter set forth and designated numerically as hereinafter set forth.
ARTICLE IV. NOISES
Sec. 22-110. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Construction means any site preparation, assembly, erection, substantial repair, alteration, or similar
action, for or of public or private rights-of-way, structures, utilities, or similar property.
Demolition means any dismantling, intentional destruction or removal of structures, utilities, public or
private right-of-way surfaces, or similar property.
Emergency means any occurrence or set of circumstances involving actual or imminent physical or
psychological trauma or property damage which demands immediate action.
Emergency work means any work performed for the purpose of alleviating or resolving an emergency.
Enclosed Building means all space between a floor and ceiling that is enclosed on all sides by solid
walls or windows, exclusive of doorways, which extend from the floor to the ceiling.
Excessively loud noise or sound. Any sound which, in light of the surrounding circumstances,
including the normal level of ambient noise, is unreasonably loud, or which would annoy or disturb a
person of reasonable sensibilities in his home or dwelling, or in any public area or place of public
accessibility, including but not limited to the beach and commercial establishments;
Holidays means those holidays recognized by the U.S. Office of Personnel Management.
Impulsive sound. Sound of short duration, with an abrupt onset and rapid decay
- Page 26 -Item #7.
Mechanical Sound Making Devices means any radio receiving device, television, stereo, musical
instrument, phonograph sound amplifier or other machines or devices for the producing, reproducing
or amplifying of sound and/or noise.
Motor vehicle means any motor-operated vehicle licensed for use on the public highways, but not
including a motorcycle.
Motorboat means any vessel which operates on water and which is propelled by a motor, including,
but not limited to, boats, barges, amphibious craft, water ski towing devices and hover craft.
Motorcycle means any motor vehicle having a saddle or seat for the use of the rider and designed to
travel on not more than three wheels in contact with the ground. The term shall include, but not be
limited to, motorized bicycles and motor scooters.
Noise means any sound which disturbs humans or which causes or tends to cause an adverse
psychological or physiological effect on humans.
Noisy Assembly means any gathering of more than one (1) person which creates noise.
Noise disturbance means any sound which endangers or injures the welfare, safety or health of human
beings, or disturbs a reasonable person of normal sensitivities, or devalues or injures personal or real
property, or is hereinafter defined.
Noise sensitive activities means activities which should be conducted under conditions of exceptional
quiet including, but not limited to, operation of schools, libraries open to the public, churches,
hospitals, and nursing homes.
Noise sensitive area means any area designated for the purpose of ensuring exceptional quiet and
clearly posted with "noise sensitive area" signs, because of the noise sensitive activities conducted
therein.
Official Public event means any event put on by, adopted, approved or endorsed by the City.
Person means any individual, partnership, firm, association, joint venture, public or private
corporation, trust, estate, commission, board, public or private institution, utility, operative, state
agency, municipality or other political subdivisions of this state, any interstate body, or any other legal
entity.
Plainly audible shall mean any sound emanating from the specific sound-producing sources set forth
below which can be heard from the distances set forth below, using the following sound measurement
standards: Measurement shall be by the auditory senses of a person standing at a distance no less than the
required minimum distance from the source of the sound. For music and other noise, words and phrases
need not be discernable. For music and other noise, bass reverberations are included.
Powered model vehicle means any self-propelled airborne, waterborne, or land borne model plane,
vessel, or vehicle, which is not designed to carry persons, including, but not limited to any model
airplane, boat, car or rocket.
- Page 27 -Item #7.
Public right-of-way means any street, avenue, boulevard, highway, sidewalk, lane or similar place
which is owned or controlled by a governmental entity.
Public space means any real property, including any structure thereon, which is owned or controlled
by a governmental entity.
Public works project means any project financed by public funds such as roads, highways, bridges or
other construction on public or government owned property. It does not include projects merely
approved by mayor and council.
Real property boundary means an imaginary line along the ground surface, and its vertical extension,
which separates the real property owned by one person from that owned by another person, but not
including intra-building real property divisions.
Residential means any property on which is located a building or structure used wholly or partially for
living or sleeping purposes.
School means any place of learning or caring for children, both public and private.
Sound means an oscillation in pressure, particle displacement, particle velocity or other physical
parameter, in a medium with internal forces that cause compression and rarefaction of that medium.
The description of sound may include any characteristic of such sound, including duration, intensity
and frequency.
Used means and includes the words "intended,", "designed," or "arranged to be used. "
(Code 1983, § 11-3-2)
Zoned or zone as used herein means the areas designated in the City Land Development Code and
depicted in the City Zoning Map.
Sec. 22-111. Exceptions.
The provisions of this article shall not apply to:
(1) The emission of sound for the purpose of alerting persons to the existence of an emergency;
(2) The emission of sound in the performance of emergency work by City or City Contractor;
(3) Noises and/or sounds caused to be made by manufacturing, governmental, or commercial entities
in the normal course of their business, however, the production of sound by gathering of persons,
music or entertainment activities by restaurants, bars and/or similar establishments shall not be exempt
under this subsection;
(4) Agricultural activities, exclusive of those involving the ownership or possession of animals or
birds;
(5) Public mass transportation vehicles;
(6) Church or clock carillons, bells, or chimes;
- Page 28 -Item #7.
(7) The emission of sound in the discharge of weapons or in fireworks displays for which a permit
has been issued;
(8) Public works projects;
(9) Noises and/or sounds that are permitted by a special event permit pursuant to section 54-70,
et seq; provided, however, that the producer or coordinator of the special event must comply with
the terms, restrictions and conditions of the special event permit;
(10) Sound volumes produced by radio, tape player, or other mechanical sound making device or
instrument from within a motor vehicle on a street or highway, which sound is controlled by
O.C.G.A. § 40-6-14;
(11) Noises or sounds made by law enforcement and other public safety officials performing their
public functions;
(12) The emission of sound from a public space during an official public event; or
(13) The emission of sound from a school or church during the regular scheduled hours of operation
or during special events.
(Code 1983, § 11-3-3)
(14) Noises or sounds made by the exploding of consumer fireworks on January 1, the last Saturday
and Sunday in May, July 3, July 4, the first Monday in September, and December 31 of each year after
10:00 a.m. and up to and including the time of 11:59 p.m.; and on January 1 of each year beginning at
the time of 12:00 Midnight and up to and including the ending time of 1:00 a.m.
(15) Generators during times of power outages.
Sec. 22-112. Noise disturbance prohibited
(a) Prohibited conduct – Residential and related Zones (R1, R1b, RT, R2 and PUD).
(1) Restrictions of 200 feet for 7:00 a.m. through 10:00 p.m. Sunday through Thursday and
7:00 a.m. through 12:00 midnight on Friday and Saturday and holidays.
a. Mechanical sound-making devices. It is unlawful for any person or persons to play, use, operate,
or permit to be played, used, or operated any Mechanical Sound Making Devices at such a volume
and in such a manner so as to create, or cause to be created, any excessively loud noises or sounds
or impulsive sounds which are plainly audible at a distance of 200 feet or more from the building,
structure or vehicle, or in the case of real property, beyond the property limits, in which it is
located, whichever is farthest, between the hours of 7:00 a.m. and 10:00 p.m. Sunday through
Thursday and between the hours of 7:00 a.m. and 12:00 midnight on Friday and Saturday and
holidays.
b. Human-produced sounds. It is unlawful for any person or persons to yell, shout, whistle, or sing
on the public streets or sidewalks or on private property so as to create, or cause to be created,
any excessive noises or sounds or impulsive sounds which are plainly audible at a distance of 200
feet or more from the place, building, structure, or in the case of real property, beyond the real
property boundary, in which the person is located, whichever is farthest, between the hours of 7:00
a.m. and 10:00 p.m. Sunday through Thursday and between the hours of 7:00 a.m. and 12:00
midnight on Friday and Saturday and holidays which are which are of such character, intensity
and duration to disturb the peace and quiet of the neighborhood.
- Page 29 -Item #7.
c. Commercial advertising. It is unlawful for any person or persons to use, operate, or permit to
be used or operated any radio receiving device, musical instrument, phonograph, loud speaker,
sound amplifier or other machine or device for the production or reproduction of sound which is
cast upon the public streets or other public property within any residential zone for the purpose of
commercial advertising or which serves to attract the attention of the public to any building,
structure or vehicle in such a manner so as to create, or cause to be created, any noises or sounds
which are plainly audible at a distance of 200 feet or more from the source of the sound cast upon
the public streets or other public property or from the building, structure, or in the case of real
property, beyond the real property boundary, in which it is located, whichever is farthest, between
the hours of 7:00 a.m. and 10:00 p.m. Sunday through Thursday and between the hours of 7:00
a.m. and 12 midnight on Friday and Saturday .
d. Party noise. It is unlawful for any person or persons in charge of a party or other social event
that occurs on any private property to allow that party or social event to produce excessive noise
or impulsive noise in such a manner that such noise is plainly audible at a distance of 200 feet or
more from the building or structure from which the noise is emanating or in the case of real
property, beyond the real property boundary, on which the party or social event is located,
whichever is farthest, between the hours of 7:00 a.m. and 10:00 p.m. Sunday through Thursday
and between the hours of 7:00 a.m. and 12:00 midnight on Friday and Saturday and holidays. For
the purposes of this subsection, a "person in charge of a party or other social event" shall mean
any adult person who resides in or on the premises involved in such party or social event or the
adult responsible for having leased, rented or who manages the property or is otherwise responsible
therefore and is present at such party or social event. For the purposes of this subsection, "noise"
shall mean the same sounds, or any combination thereof, as described in paragraphs a. or b. above.
(2) Restrictions of 100 feet for 10:00 p.m. through 7:00 a.m. Sunday through Thursday and 12:00
midnight through 7:00 a.m. on Saturday and Sunday.
a. Mechanical sound-making devices. It is unlawful for any person or persons to play, use, operate,
or permit to be played, used, or operated any Mechanical Sound Making Devices at such a volume
and in such a manner so as to create, or cause to be created, any noises or sounds which are plainly
audible at a distance of 100 feet or more from the building, structure or vehicle, or in the case of
real property, beyond the property limits, in which it is located, whichever is farthest, between the
hours of 10:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 10:00 p.m.
and 7:00 a.m. on Friday and Saturday and holidays.
b. Human-produced sound. It is unlawful for any person or persons to yell, shout, hoot, whistle,
or sing on the public streets or sidewalks or on private property so as to create, or cause to be
created, any noises or sounds which are plainly audible at a distance of 100 feet or more from the
place on public streets and sidewalks, or in the case of private real property, beyond the real
property boundary, on which the person is located, whichever is farthest, between the hours of
10:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 10:00 p.m. and
7:00 a.m. on Saturday and Sunday and holidays.
- Page 30 -Item #7.
c. Commercial advertising. It is unlawful for any person or persons to use, operate, or permit to
be used or operated any radio receiving device, musical instrument, phonograph, loud speaker,
sound amplifier or other machine or device for the production or reproduction of sound which is
cast upon the public streets or other public property for the purpose of commercial advertising or
which serves to attract the attention of the public to any building, structure or vehicle in such a
manner so as to create, or cause to be created, any noises or sounds which are plainly audible at a
distance of 100 feet or more from the source of the sound cast upon the public streets or other
public property or from the building, structure, or in the case of real property, beyond the real
property boundary, in which it is located, whichever is farthest, between the hours of 10:00 p.m.
and 7:00 a.m. Sunday through Thursday and between the hours of 12:00 midnight and 7:00 a.m.
on Saturday and Sunday and holidays.
d. Party noise. It is unlawful for any person or persons in charge of a party or other social event
that occurs on any private property to allow that party or event to produce noise in such a manner
so as to such noise is plainly audible at a distance of 100 feet or more from the building or structure
from which the party noise is emanating or in the case of real property, beyond the real property
boundary, on which the party or social event is located, whichever is farthest, between the hours
of 10:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 10:00 p.m. and
7:00 a.m. on Saturday and Sunday and holidays. For the purposes of this subsection, a "person
in charge of a party or other social event" shall mean any adult person who resides in or on the
premises involved in such party or social event and is present at such party or social event or the
adult responsible for having leased, rented or who manages the property or is otherwise responsible
therefore. For the purposes of this subsection, "noise" shall mean the same sounds, or any
combination thereof, as described in paragraphs a. or b. above.
(3) Restrictions regarding noise produced by consumer fireworks between 10:00 a.m. and up to
and including 11:59 p.m. on all days. It is unlawful for any person to use, explode or cause to be
exploded any consumer fireworks to produce noise in such a manner that such noise is plainly
audible at a distance of 100 feet or more from the place, or in the case of real property, beyond the
property limits in which the fireworks are being used, exploded or caused to be exploded,
whichever is farthest, between the hours of 10:00 a.m. and 11:59 p.m. on all days. For the purposes
of this section, the term "consumer fireworks" shall have the meaning set forth in O.C.G.A. § 25-
10-1(a)(1), but such term shall not include those items excluded therefrom in O.C.G.A. § 25-10-
1(b) as such code section is enacted as of July 1, 2018 or as may be amended in the future.
(4) Restrictions for areas within apartments, condominiums, townhouses, duplexes, or other such
residential dwelling units.
Except for persons within commercial enterprises that have an adjoining property line or
boundary with a residential dwelling unit, it is unlawful for any person to make, continue,
or cause to be made or continued any excessive noise or impulsive noise in such a manner
as to be plainly audible to any other person a distance of five feet beyond the adjoining
property line wall or boundary of any apartment, condominium, townhouse, duplex, or
other such residential dwelling units with adjoining points of contact.
- Page 31 -Item #7.
For the purposes of this subsection, "noise" shall mean human-produced sounds of yelling,
shouting, whistling, singing, or mechanically-produced sounds made by radio-receiving device,
television, stereo, musical instrument, phonograph sound amplifier or other machines or devices
for the producing, reproducing, or amplifying of sound, or any combination thereof.
For the purposes of this subsection, "property line or boundary" shall mean an imaginary
line drawn through the points of contact of (1) adjoining apartments, condominiums, townhouses,
duplexes or other such residential dwelling units with adjoining points owned, rented, or leased by
different persons; or (2) adjoining common areas or adjoining exterior walls. Said property line or
boundary includes all points of a plane formed by projecting the property line or boundary
including the ceiling, the floor, and the walls.
(1)
(b) Prohibited conduct – Commercial and related Zones (C1, C2, MD & Neighborhood Grocery
Store District).
1. . No person shall make, continue, or cause to be made or continued, except as permitted, any
noise disturbance, or any noise in excess of the limits for such noise established in this
section.
2. Maximum permissible sound levels. With the exception of sound levels elsewhere
specifically authorized by this article, table 1 sets forth the maximum permissible sound
levels allowed at or within the real property boundary of a receiving land use. Any activity or
use that produces a sound in excess of such noise levels for a receiving land use shall be
deemed a noise disturbance and is in violation of this article.
3. Measurement of sound. The measurement of sound or noise shall be made with a sound level
meter meeting the standards prescribed by the American National Standards Institute or its
successor body. The instrument shall be maintained in calibration and good working order.
Octave band corrections may be employed in meeting the response specification. A
calibration check shall be made of the system at the time of any noise measurement.
Measurements recorded shall be taken so as to provide a proper representation of the noise
source. The microphone used during measurement shall be positioned so as not to create any
unnatural enhancement or diminution of the measured noise. A windscreen for the
microphone shall be used when required. Traffic, other transportation noise sources and other
background noises shall not be considered in taking measurements except where such
background noise interferes with the primary noise being measured. It is the intention that
this sound to be measured is what is being created by the subject sound or the sound being
investigated excluding intruding noises from isolated identifiable sources, but including
ambient sound level. The measure of all sound levels shall be made as close to the property
line of a receiving land use as is practical.
TABLE 1
Sound Levels by Receiving Land Use
- Page 32 -Item #7.
Zoning Category of
Receiving Land Time(3)Use(1) Sound Level Limit, dBA(4)
Residential (2) At all times 60
Commercial At all times 75
(1) As set forth in the Land Development Code.
(2) Any zoning district containing the letter "R."
(3) Unless otherwise stated in this article.
(4) For any source of sound which emits a pure tone, the maximum sound level limits set
shall be reduced by five dBA.
(c) Equipment use restrictions. Regardless of the other provisions of this Article, the following
equipment may not be operated between the time of sunset and 7:00 a.m.: Monday-Friday and on
Saturday and Sunday the time of sunset to 10:00 a.m.:
(1) Electrical power tools.
(2) Motor powered, muffler equipped lawn, garden, and tree trimming equipment except residential
lawn mowers.
(3) Construction equipment, which includes landscaper's lawn mowers and other landscaping
motorized equipment.
(4) Construction noise . Between the hours of 11:00 p.m. and 6:00 a.m., construction noise of any
type, including, but not limited to, noise caused by the erection (including excavation), demolition,
alteration, or repair of any building, as well as the operation of any earth-moving equipment, crane,
saw, drill, pile driver, steam shovel, pneumatic hammer, hoist, automatic nailer or stapler, or any
similar equipment, shall not be plainly audible within any residential zoning district more than 100
feet beyond the property boundary of the property from which the noise emanates.
A variance from the above-referenced hours of operation for construction noise may be requested,
in writing, at least 48 hours prior to the proposed construction operation, for consideration by the
Director of the Building Inspections and Permit Department. Such a request shall state:
1)The reasons that support a claim of urgent need based on specific loss or inconvenience
for such a variation from the allowable work hours;
2)The impact that the denial of this request would have on the applicant's project and the
surrounding properties;
3)The steps which have been taken by the applicant to communicate those needs and
impacts to owners of surrounding and nearby properties;
4)The steps that have or will be taken to limit the impact of the proposed activity upon
surrounding and nearby properties; and
5)The possible risks to public health and safety.
- Page 33 -Item #7.
If the Director finds that the application adequately demonstrates the urgent need for a
variance from the above allowable work hours, adequately provides for miti gation of the
impact upon surrounding and nearby properties, and poses no additional risk to public
health and safety, then permission shall be granted for a variance to alter the allowable
work hours during one ten-day period.
(Code 1983, § 11-3-4; Ord. of 4-29-2005; Ord. of 7-26-2007)
Sec. 22-112
(d) For any property in any zoning district not expressly covered or referred to above, the noise
restrictions shall be those contained in 22-112(a) (residential and related zones) at the times and the
days indicated in such sub-section. In the event any conditionally zoned property has specific sound
or noise restrictions as part of its conditional zoning, those specified restrictions shall be applicable
and such restrictions shall have the same enforcement process as specified therein. In the event no
specific sound or noise restrictions are imposed on any conditionally zoned property existing as of the
date of enactment of this ordinance or here after created, such restrictions shall be as specified in
Section 22-112(a) for the times and days specified therein.
SECTION II
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION III
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee
Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
intention.
SECTION IV
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
The Code of the City of Tybee Island, Georgia.
This Ordinance shall become effective on ________ day of __________________,
2021.
ADOPTED THIS __ DAY OF ___ , 2021.
- Page 34 -Item #7.
_________________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
- Page 35 -Item #7.
ORDINANCE NO. 2021-05
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF TYBEE
ISLAND SO AS TO REVISE PROVISIONS ADDRESSING PROHIBITED NOISE THAT IS
UNREASONABLY LOUD, RAUCOUS, JARRING, DISTURBING OR A NUISANCE
WITHIN THE AREA OF AUDIBILITY AND TO REPEAL INCONSISTENT OR
CONFLICTING ORDINANCES AND TO ELIMINATE PROVISIONS REGARDING
DECIBEL LEVELS FOR THE CONTROL OR MEASUREMENT OF NOISE IN CERTAIN
AREAS AND SUBSTITUTING IN LIEU THEREOF A STANDARD OF PLAINLY
AUDIBLE FROM A SPECIFIED DISTANCE FOR DETERMINATIONS OF OFFENSIVE OR
PROHIBITED NOISE AND TO RECOGNIZE THE ADOPTION OF CIVIL PENALTIES FOR
OFFENSES INCLUDING PROHIBITED NOISE, FOR THE REPEAL OR CONFLICTING
ORDINANCES, TO ESTABLISH AN EFFECTIVE DATE AND TO AUTHORIZE THE
ENFORCEMENT THEREOF
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to
adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the
citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under its police and home
rule powers; and
WHEREAS, the control of sound and sound making devices which produce noise at levels
that are unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of
audibility is necessary for the peace and wellbeing of residents and visitors to the City; and
WHEREAS, Tybee Island is unique in the location of business establishments, a county
pier where events are conducted and residential dwellings that coexist in close proximity to
commercial establishments that provide gatherings, music and other sources of sound; and
- Page 36 -Item #7.
WHEREAS, wind directions and wind speed can have significant impacts on the
distribution of sounds; and
WHEREAS, in order to permit commercial operations including restaurants and
entertainment locations to properly monitor their own sound levels and to determine when they
are or may be potentially in violation of the noise ordinance, it is advisable to have a decibel
standard in commercial and similar zones; and
WHEREAS, the City of Tybee Island has for in excess of 15 years explored alternative
methods of addressing noise, noise complaints, disorderly behavior in various residential and other
areas; and
WHEREAS, the City has attempted to improve the peace, tranquility and health and safety
of residents and occupants of residential dwellings by controlling or limiting unreasonably loud
noises through sound level controls based on decibel levels and in the opinion of many, the efforts
have not been as successful in residential areas as desired; and
WHEREAS, court decisions upholding the constitutionality of the restrictions on noise and
noise producing activity where doing so creates "plainly audible" disturbances too occupants of
nearby properties have been recognized and resulted in successful prohibitions and prosecutions;
and
WHEREAS, the City of Tybee Island has adopted several zoning districts and it is the
intention herein that all districts be the subject of sound and excessively loud noise or sound
restrictions; and
WHEREAS, the City of Tybee Island has previously adopted administrative procedures
for civil penalties for certain Code violations which can include unreasonably loud noise
violations;
- Page 37 -Item #7.
NOW THEREFORE, it is hereby ordained by the governing authority of the City of Tybee
Island duly assembled as follows:
SECTION I
Existing Tybee Code Sections identified as Article 4 of Chapter 22 "Noises" Sections 22-
110 through 22-112 are hereby repealed in their entirety and are replaced with the Code Sections
hereinafter set forth and designated numerically as hereinafter set forth.
ARTICLE IV. NOISES
Sec. 22-110. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Construction means any site preparation, assembly, erection, substantial repair, alteration, or similar
action, for or of public or private rights-of-way, structures, utilities, or similar property.
Demolition means any dismantling, intentional destruction or removal of structures, utilities, public or
private right-of-way surfaces, or similar property.
Emergency means any occurrence or set of circumstances involving actual or imminent physical or
psychological trauma or property damage which demands immediate action.
Emergency work means any work performed for the purpose of alleviating or resolving an emergency.
Enclosed Building means all space between a floor and ceiling that is enclosed on all sides by solid
walls or windows, exclusive of doorways, which extend from the floor to the ceiling.
Excessively loud noise or sound. Any sound which, in light of the surrounding circumstances,
including the normal level of ambient noise, is unreasonably loud, or which would annoy or disturb a
person of reasonable sensibilities in his home or dwelling, or in any public area or place of public
accessibility, including but not limited to the beach and commercial establishments;
Holidays means those holidays recognized by the U.S. Office of Personnel Management.
Impulsive sound. Sound of short duration, with an abrupt onset and rapid decay
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Mechanical Sound Making Devices means any radio receiving device, television, stereo, musical
instrument, phonograph sound amplifier or other machines or devices for the producing, reproducing
or amplifying of sound and/or noise.
Motor vehicle means any motor-operated vehicle licensed for use on the p ublic highways, but not
including a motorcycle.
Motorboat means any vessel which operates on water and which is propelled by a motor, including,
but not limited to, boats, barges, amphibious craft, water ski towing devices and hover craft.
Motorcycle means any motor vehicle having a saddle or seat for the use of the rider and designed to
travel on not more than three wheels in contact with the ground. The term shall include, but not be
limited to, motorized bicycles and motor scooters.
Noise means any sound which disturbs humans or which causes or tends to cause an adverse
psychological or physiological effect on humans.
Noisy Assembly means any gathering of more than one (1) person which creates noise.
Noise disturbance means any sound which endangers or injures the welfare, safety or health of human
beings, or disturbs a reasonable person of normal sensitivities, or devalues or injures personal or real
property, or is hereinafter defined.
Noise sensitive activities means activities which should be conducted under conditions of exceptional
quiet including, but not limited to, operation of schools, libraries open to the public, churches,
hospitals, and nursing homes.
Noise sensitive area means any area designated for the purpose of ensuring exceptional quiet and
clearly posted with "noise sensitive area" signs, because of the noise sensitive activities conducted
therein.
Official Public event means any event put on by, adopted, approved or endorsed by the City.
Person means any individual, partnership, firm, association, joint venture, public or private
corporation, trust, estate, commission, board, public or private institution, utility, operative, state
agency, municipality or other political subdivisions of this state, any intersta te body, or any other legal
entity.
Plainly audible shall mean any sound emanating from the specific sound-producing sources set forth
below which can be heard from the distances set forth below, using the following sound measurement
standards: Measurement shall be by the auditory senses of a person standing at a distance no less than the
required minimum distance from the source of the sound. For music and other noise, words and phrases
need not be discernable. For music and other noise, bass reverberations are included.
Powered model vehicle means any self-propelled airborne, waterborne, or land borne model plane,
vessel, or vehicle, which is not designed to carry persons, including, but not limited to any model
airplane, boat, car or rocket.
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Public right-of-way means any street, avenue, boulevard, highway, sidewalk, lane or similar place
which is owned or controlled by a governmental entity.
Public space means any real property, including any structure thereon, which is owned or controlled
by a governmental entity.
Public works project means any project financed by public funds such as roads, highways, bridges or
other construction on public or government owned property. It does not include projects merely
approved by mayor and council.
Real property boundary means an imaginary line along the ground surface, and its vertical extension,
which separates the real property owned by one person from that owned by another person, but not
including intra-building real property divisions.
Residential means any property on which is located a building or structure used wholly or partially for
living or sleeping purposes.
School means any place of learning or caring for children, both public and private.
Sound means an oscillation in pressure, particle displacement, particle velocity or other physica l
parameter, in a medium with internal forces that cause compression and rarefaction of that medium.
The description of sound may include any characteristic of such sound, including duration, intensity
and frequency.
Used means and includes the words "intended,", "designed," or "arranged to be used. "
(Code 1983, § 11-3-2)
Zoned or zone as used herein means the areas designated in the City Land Development Code and
depicted in the City Zoning Map.
Sec. 22-111. Exceptions.
The provisions of this article shall not apply to:
(1) The emission of sound for the purpose of alerting persons to the existence of an emergency;
(2) The emission of sound in the performance of emergency work by City or City Contractor;
(3) Noises and/or sounds caused to be made by manufacturing, governmental, or commercial entities
in the normal course of their business, however, the production of sound by gathering of persons,
music or entertainment activities by restaurants, bars and/or similar establishments shall not be exempt
under this subsection;
(4) Agricultural activities, exclusive of those involving the ownership or possession of animals or
birds;
(5) Public mass transportation vehicles;
(6) Church or clock carillons, bells, or chimes;
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(7) The emission of sound in the discharge of weapons or in fireworks displays for which a permit
has been issued;
(8) Public works projects;
(9) Noises and/or sounds that are permitted by a special event permit pursuant to section 54-70,
et seq; provided, however, that the producer or coordinator of the special event must comply with
the terms, restrictions and conditions of the special event permit;
(10) Sound volumes produced by radio, tape player, or other mechanical sound making device or
instrument from within a motor vehicle on a street or highway, which sound is controlled by
O.C.G.A. § 40-6-14;
(11) Noises or sounds made by law enforcement and other public safety officials performing their
public functions;
(12) The emission of sound from a public space during an official public event; or
(13) The emission of sound from a school or church during the regular scheduled hours of operation
or during special events.
(Code 1983, § 11-3-3)
(14) Noises or sounds made by the exploding of consumer fireworks on January 1, the last Saturday
and Sunday in May, July 3, July 4, the first Monday in September, and December 31 of each year after
10:00 a.m. and up to and including the time of 11:59 p.m.; and on January 1 of each year beginning at
the time of 12:00 Midnight and up to and including the ending time of 1:00 a.m.
(15) Generators during times of power outages.
Sec. 22-112. Noise disturbance prohibited
(a) Prohibited conduct – Residential and related Zones (R1, R1b, RT, R2 and PUD).
(1) Restrictions of 200 feet for 7:00 a.m. through 10:00 p.m. Sunday through Thursday and
7:00 a.m. through 12:00 midnight on Friday and Saturday and holidays.
a. Mechanical sound-making devices. It is unlawful for any person or persons to play, use, operate,
or permit to be played, used, or operated any Mechanical Sound Making Devices at such a volume
and in such a manner so as to create, or cause to be created, any excessively loud noises or sounds
or impulsive sounds which are plainly audible at a distance of 200 feet or more from the building,
structure or vehicle, or in the case of real property, beyond the property limits, in which it is
located, whichever is farthest, between the hours of 7:00 a.m. and 10:00 p.m. Sunday through
Thursday and between the hours of 7:00 a.m. and 12:00 midnight on Friday and Saturday and
holidays.
b. Human-produced sounds. It is unlawful for any person or persons to yell, shout, whistle, or sing
on the public streets or sidewalks or on private property so as to create, or cause to be created,
any excessive noises or sounds or impulsive sounds which are plainly audible at a distance of 200
feet or more from the place, building, structure, or in the case of real property, beyond the real
property boundary, in which the person is located, whichever is farthest, between the hours of 7:00
a.m. and 10:00 p.m. Sunday through Thursday and between the hours of 7:00 a.m. and 12:00
midnight on Friday and Saturday and holidays which are which are of such character, intensity
and duration to disturb the peace and quiet of the neighborhood.
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c. Commercial advertising. It is unlawful for any person or persons to use, operate, or permit to
be used or operated any radio receiving device, musical instrument, phonograph, loud speaker,
sound amplifier or other machine or device for the production or reproduction of sound which is
cast upon the public streets or other public property within any residential zone for the purpose of
commercial advertising or which serves to attract the attention of the public to any building,
structure or vehicle in such a manner so as to create, or cause to be created, any noises or sounds
which are plainly audible at a distance of 200 feet or more from the source of the sound cast upon
the public streets or other public property or from the building, structure, or in the case of real
property, beyond the real property boundary, in which it is located, whichever is farthest, between
the hours of 7:00 a.m. and 10:00 p.m. Sunday through Thursday and between the hours of 7:00
a.m. and 12 midnight on Friday and Saturday .
d. Party noise. It is unlawful for any person or persons in charge of a party or other social event
that occurs on any private property to allow that party or social event to produce excessive noise
or impulsive noise in such a manner that such noise is plainly audible at a distance of 200 feet or
more from the building or structure from which the noise is emanating or in the case of real
property, beyond the real property boundary, on which the party or social event is located,
whichever is farthest, between the hours of 7:00 a.m. and 10:00 p.m. Sunday through Thursday
and between the hours of 7:00 a.m. and 12:00 midnight on Friday and Saturday and holidays. For
the purposes of this subsection, a "person in charge of a party or other social event" shall mean
any adult person who resides in or on the premises involved in such party or social event or the
adult responsible for having leased, rented or who manages the property or is otherwise responsible
therefore and is present at such party or social event. For the purposes of this subsection, "noise"
shall mean the same sounds, or any combination thereof, as described in paragraphs a. or b. above.
(2) Restrictions of 100 feet for 10:00 p.m. through 7:00 a.m. Sunday through Thursday and 12:00
midnight through 7:00 a.m. on Saturday and Sunday.
a. Mechanical sound-making devices. It is unlawful for any person or persons to play, use, operate,
or permit to be played, used, or operated any Mechanical Sound Making Devices at such a volume
and in such a manner so as to create, or cause to be created, any noises or sounds which are plainly
audible at a distance of 100 feet or more from the building, structure or vehicle, or in the case of
real property, beyond the property limits, in which it is located, whichever is farthest, between the
hours of 10:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 10:00 p.m.
and 7:00 a.m. on Friday and Saturday and holidays.
b. Human-produced sound. It is unlawful for any person or persons to yell, shout, hoot, whistle,
or sing on the public streets or sidewalks or on private property so as to create, or cause to be
created, any noises or sounds which are plainly audible at a distance of 100 feet or more from the
place on public streets and sidewalks, or in the case of private real property, beyond the real
property boundary, on which the person is located, whichever is farthest, between the hours of
10:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 10:00 p.m. and
7:00 a.m. on Saturday and Sunday and holidays.
- Page 42 -Item #7.
c. Commercial advertising. It is unlawful for any person or persons to use, operate, or permit to
be used or operated any radio receiving device, musical instrument, phonograph, loud speaker,
sound amplifier or other machine or device for the production or reproduction of sound which is
cast upon the public streets or other public property for the purpose of commercial advertising or
which serves to attract the attention of the public to any building, structure or vehicle in such a
manner so as to create, or cause to be created, any noises or sounds which are plainly audible at a
distance of 100 feet or more from the source of the sound cast upon the public streets or other
public property or from the building, structure, or in the case of real property, beyond the real
property boundary, in which it is located, whichever is farthest, between the hours of 10:00 p.m.
and 7:00 a.m. Sunday through Thursday and between the hours of 12:00 midnight and 7:00 a.m.
on Saturday and Sunday and holidays.
d. Party noise. It is unlawful for any person or persons in charge of a party or other social event
that occurs on any private property to allow that party or event to produce noise in such a manner
so as to such noise is plainly audible at a distance of 100 feet or more from the building or structure
from which the party noise is emanating or in the case of real property, beyond the real property
boundary, on which the party or social event is located, whichever is farthest, between the hours
of 10:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 10:00 p.m. and
7:00 a.m. on Saturday and Sunday and holidays. For the purposes of this subsection, a "person
in charge of a party or other social event" shall mean any adult person who resides in or on the
premises involved in such party or social event and is present at such party or social event or the
adult responsible for having leased, rented or who manages the property or is otherwise responsible
therefore. For the purposes of this subsection, "noise" shall mean the same sounds, or any
combination thereof, as described in paragraphs a. or b. above.
(3) Restrictions regarding noise produced by consumer fireworks between 10:00 a.m. and up to
and including 11:59 p.m. on all days. It is unlawful for any person to use, explode or cause to be
exploded any consumer fireworks to produce noise in such a manner that such noise is plainly
audible at a distance of 100 feet or more from the place, or in the case of real property, beyond the
property limits in which the fireworks are being used, exploded or caused to be exploded,
whichever is farthest, between the hours of 10:00 a.m. and 11:59 p.m. on all days. For the purposes
of this section, the term "consumer fireworks" shall have the meaning set forth in O.C.G.A. § 25-
10-1(a)(1), but such term shall not include those items excluded therefrom in O.C.G.A. § 25-10-
1(b) as such code section is enacted as of July 1, 2018 or as may be amended in the future.
(4) Restrictions for areas within apartments, condominiums, townhouses, duplexes, or other such
residential dwelling units.
Except for persons within commercial enterprises that have an adjoining property line or
boundary with a residential dwelling unit, it is unlawful for any person to make, continue,
or cause to be made or continued any excessive noise or impulsive noise in such a manner
as to be plainly audible to any other person a distance of five feet beyond the adjoining
property line wall or boundary of any apartment, condominium, townhouse, duplex, or
other such residential dwelling units with adjoining points of contact.
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For the purposes of this subsection, "noise" shall mean human-produced sounds of yelling,
shouting, whistling, singing, or mechanically-produced sounds made by radio-receiving device,
television, stereo, musical instrument, phonograph sound amplifier or other machines or devices
for the producing, reproducing, or amplifying of sound, or any combination thereof.
For the purposes of this subsection, "property line or boundary" shall mean an imaginary
line drawn through the points of contact of (1) adjoining apartments, condominiums, townhouses,
duplexes or other such residential dwelling units with adjoining points owned, rented, or leased by
different persons; or (2) adjoining common areas or adjoining exterior walls. Said property line or
boundary includes all points of a plane formed by projecting the property line or boundary
including the ceiling, the floor, and the walls.
(1)
(b) Prohibited conduct – Commercial and related Zones (C1,& C2, MD & Neighborhood Grocery
Store District).
1. . No person shall make, continue, or cause to be made or continued, except as permitted, any
noise disturbance, or any noise in excess of the limits for such noise established in this
section.
2. Maximum permissible sound levels. With the exception of sound levels elsewhere
specifically authorized by this article, table 1 sets forth the maximum permissible sound
levels allowed at or within the real property boundary of a receiving land use. Any activity or
use that produces a sound in excess of such noise levels for a receiving land use shall be
deemed a noise disturbance and is in violation of this article.
3. Measurement of sound. The measurement of sound or noise shall be made with a sound level
meter meeting the standards prescribed by the American National Standards Institute or its
successor body. The instrument shall be maintained in calibration and good working order.
Octave band corrections may be employed in meeting the response specification. A
calibration check shall be made of the system at the time of any noise measurement.
Measurements recorded shall be taken so as to provide a proper representation of the noise
source. The microphone used during measurement shall be positioned so as not to create any
unnatural enhancement or diminution of the measured noise. A windscreen for the
microphone shall be used when required. Traffic, other transportation noise sources and other
background noises shall not be considered in taking measurements except where such
background noise interferes with the primary noise being measured. It is the intention that
this sound to be measured is what is being created by the subject sound or the sound being
investigated complained of excluding intruding noises from isolated identifiable sources, but
including ambient sound level. The measure of all sound levels shall be made as close to the
property line of thea receiving land use as is practical.
TABLE 1
Sound Levels by Receiving Land Use
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Zoning Category of
Receiving Land Time(3)Use(1) Sound Level Limit, dBA(4)
Residential (2) At all times 60
Commercial At all times 75
(1) As set forth in the Land Development Code.
(2) Any zoning district containing the letter "R."
(3) Unless otherwise stated in this article.
(4) For any source of sound which emits a pure tone, the maximum sound level limits set
shall be reduced by five dBA.
(c) Equipment use restrictions. Regardless of the other provisions of this Article, the following
equipment may not be operated between the time of sunset and 7:00 a.m.: Monday-Friday and on
Saturday and Sunday the time of sunset to 10:00 a.m.:
(1) Electrical power tools.
(2) Motor powered, muffler equipped lawn, garden, and tree trimming equipment except residential
lawn mowers.
(3) Construction equipment, which includes landscaper's lawn mowers and other landscaping
motorized equipment.
(4) Construction noise . Between the hours of 11:00 p.m. and 6:00 a.m., construction noise of any
type, including, but not limited to, noise caused by the erection (including excavation), demolition,
alteration, or repair of any building, as well as the operation of any earth -moving equipment, crane,
saw, drill, pile driver, steam shovel, pneumatic hammer, hoist, automatic nailer or stapler, or any
similar equipment, shall not be plainly audible within any residential zoning district more than 100
feet beyond the property boundary of the property from which the no ise emanates.
A variance from the above-referenced hours of operation for construction noise may be requested,
in writing, at least 48 hours prior to the proposed construction operation, for consideration by the
Director of the Building Inspections and Permit Department. Such a request shall state:
1)The reasons that support a claim of urgent need based on specific loss or inconvenience
for such a variation from the allowable work hours;
2)The impact that the denial of this request would have on the appli cant's project and the
surrounding properties;
3)The steps which have been taken by the applicant to communicate those needs and
impacts to owners of surrounding and nearby properties;
4)The steps that have or will be taken to limit the impact of the propo sed activity upon
surrounding and nearby properties; and
5)The possible risks to public health and safety.
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If the Director finds that the application adequately demonstrates the urgent need for a
variance from the above allowable work hours, adequately pr ovides for mitigation of the
impact upon surrounding and nearby properties, and poses no additional risk to public
health and safety, then permission shall be granted for a variance to alter the allowable
work hours during one ten-day period.
(Code 1983, § 11-3-4; Ord. of 4-29-2005; Ord. of 7-26-2007)
Sec. 22-112
(d) For any property in any zoning district not expressly covered or referred to above, the noise
restrictions shall be those contained in 22 -112(a) (residential and related zones) at the times and the
days indicated in such sub-section. In the event any conditionally zoned property has specific sound
or noise restrictions as part of its conditional zoning, those specified restrictions shall be applicable
and such restrictions shall have the same enforcement process as specified therein. In the event no
specific sound or noise restrictions are imposed on any conditionally zoned property existing as of the
date of enactment of this ordinance or here after created, such restrictions shall be as specified in
Section 22-112(a) for the times and days specified therein.
SECTION II
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION III
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee
Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
intention.
SECTION IV
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
The Code of the City of Tybee Island, Georgia.
This Ordinance shall become effective on ________ day of __________________,
2021.
ADOPTED THIS __ DAY OF ___ , 2021.
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_________________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
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File Attachments for Item:
8. First Reading, 2021-08, Chapter 26 - Fire Prevention and Protection
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File Attachments for Item:
9. First Reading, 2021-09, Chapter 30, Law Enforcement
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File Attachments for Item:
10. First Reading, 2021-10, Sec II, Sec 6-14, Insurance Requirements and Safe Serve for all
Alcohol Serving Licensees
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ORDINANCE NO.: 2021-______-10
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY
OF TYBEE ISLAND TO PROVIDE FOR REVISIONS TO THE CODE
RELATING TO ALCOHOL LICENSES INCLUDING DOCUMENTATION ON
INSURANCE AND TRAINING OF SERVERS OF ALCOHOLIC BEVERAGES;
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 City of Tybee Island has, within its boundaries, certain
businesses which engage in the sale of alcoholic beverages either as package sales
and/or for consumption on the premises; and
WHEREAS, certain portions of the existing ordinances of the City are
outdated and need to be revised and deleted; and
WHEREAS, a working group of staff and volunteer as well as an elected
official participated in a review of the Code and recommended certain changes;
and
WHEREAS, the Council is desirous of implementing the clarifications of the
Code as recommended by the group that reviewed the Code and to make other
changes as appropriate therein.
NOW, THEREFORE, it is hereby ordained by the governing authority of the
City of Tybee Island as follows:
SECTION 1
Sec. 6-6. - Same—Employees.
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X:\Clients\000572\000572\000023 - Alcohol\2021 Alcohol Ordinance -
Insurance and Servers.docx
All employees who pour or serve alcoholic beverages shall, within 72 hours 21
days after the date of their first day of work in a n establishment business covered
under the terms of this article, submit themselves for fingerprinting as provided by
law and in accordance with city procedures as directed by the city manager. secure
a certificate showing completion of a server training program as approved by the
City Manager or his designee. The employee must complete a server training
program every two years and obtain a new certificate of completion each time.
Licensee is to maintain a copy of the certificates of all employees who are required
to attend mandatory server training and a copy of any government issued photo
identification. Upon request of an officer of the City Police Department or a Code
Enforcement Officer, the Licensee or manager on duty must present documentation
establishing the employees on duty have the requisite certificate showing
completion of the server training.
(Code 1983, § 9-2-7; Ord. No. 6-2019 , § 2, 4-25-2019)
SECTION II
Secs. 6-14—6-47. - Reserved.
Sec. 6-14 Insurance Requirements for all Licensees
Applicants for a permit or license under Article II – Liquor Permits and
Article III- Malt Beverage Licenses and Permits shall file with their application a
certificate of liquor liability insurance (dram shop), in effect for the license period
and issued by an insurer required to be licensed pursuant to state law, providing an
annual aggregate policy limit for dram shop insurance of not less than
$1,000,00000 per policy year. A 30-day notice of cancellation in favor of the City
must be endorsed to the policy and attached to the certificate on insurance.
SECTION III
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION IV
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
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of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance
may be renumbered to accomplish such intention.
SECTION V
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:
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File Attachments for Item:
11. First Reading, 2021-11, Disaster Recovery, Emergency Management.
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File Attachments for Item:
12. Bubba Hughes: Ante Litem Notice - Jacqueline Cason
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File Attachments for Item:
13. Shawn Gillen: Strategic Plan
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P OLICY DEVELOP MENT SNAPSHOT
Mar 18, 2021
CITY OF TYBEE ISLAND PLAN
POLICY DEVELOPMENT
G oal Focus Area
Ens ure a transparent and e cient policy process that engages the residents, city council, and staff.Policy Development
Im plement Code Review Recomm endations Policy Development
Update Master Plan/Carry ing Capacity Policy Development
Dev elopm ent and appropriate use of comm ittees Policy Development
Annual Strategic Planning Policy Development
Ens ure ex isting ordinances and policies are eas ily accessible and easy to understand.Policy Development
Address STVRs.Policy Development
Increase and improve engagement with residents.Policy Development
Hire a legis lative lobby ist Policy Development
look into ghting the proposed STVR Law being supported in Atlanta at this tim e Policy Development
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COMMUNICTY ENHANCEMENT SNAPSHOT
Mar 18, 2021
CITY OF TYBEE ISLAND PLAN
COMM UNITY ENHANCEMENT
G oal Focus Area
New school building (TIMA)Community Enhancement
Protect our natural, cultural and econom ic resources, to enhance opportunities to dev elop and
maintain needed services and am enities for residents and visitors.
Community Enhancement
Continue to support the four key cultural attractions: Lighthouse Museum, Marine Science
Center, Ty bee Post Theater, Rivers End Campground, and Ty bee Island Maritime Academ y
(TIMA).
Community Enhancement
M arine Science Center Community Enhancement
Identify Space for Ex pansion of TIMA Community Enhancement
Continue to im plem ent beauti cation/facade im prov em ents in the business district through a
revolving loan program
Community Enhancement
Address im pacts of short-term vacation rentals Community Enhancement
Rev iew the data gathered through the current Short-Term Rental O rdinance, and
reevaluate the need for additional regulation
Community Enhancement
Tourism study (partnership with Visit Sav annah and G eorgia Southern Univ ersity)Community Enhancement
Im prov e Beach Rules enforcement Community Enhancement
Increase Code Enforcem ent Sta ng and Dev elop Plan for enhanced code enforcement
and animal welfare
Community Enhancement
M ake Historic Preserv ation a central tennent of City Projects and staff policy
recomm endations. Coninue with and com pelte the application to place City Hall on the
National Regis try of Hoistoric Places
Community Enhancement
Adopt local historic district designations Community Enhancement
Cons ider establishing architectural standards for historic structures Community Enhancement
Coordinate with appropriate agencies and historic preservation groups to identify
funding for preservation projects
Community Enhancement
Rev iew and assess the current historic preservation ordinance and update as needed Community Enhancement
Dev elop DDA As a tool for Preservation Community Enhancement
Implement a historic preserv ation ordinance; fund an updated historic property rev iew
of the is land; appoint city staff or create city program to assist those who want to
renovate historic properties
Community Enhancement
Ens ure funding for non pro t organizations align with Council goals Community Enhancement
Keep city properties and land clean and beautiful.Community Enhancement
Dev elop annual palm tree trim m ing/pruning Plan Community Enhancement
Highway 80 Median Maintenance improved Community Enhancement
Entrance Sign Upgrade Community Enhancement
Dev elop plan for im proved ROW maintenance Community Enhancement
Reduce litter on the beach and in public areas. Meas ured by Photographic evidence of the
beach, street sweeper records, and beach trash weight
Community Enhancement
Dev elop programs for educating v isitors and residents on littering Community Enhancement
Im prov e approval rating for residential solid waste collection Community Enhancement
Dev elop Plan for Phase II expansion of recy cling Community Enhancement
Create Recycling PR Plan Community Enhancement
- Page 88 -Item #13.
��C o m p l e t e C i t y W i d e S u r v e y o n R e s i d e n t i a l S o l i d W a s t e C o l l e c t i o n C o m m u n i t y E n h a n c e m e n t
��D e v e l o p P l a n s f o r E x p a n s i o n o f Y M C A E x e r c i s e F a c i l i t y C o m m u n i t y E n h a n c e m e n t
��E x a m i n e o p p o r t u n i t i e s f o r b u s i n e s s d e v e l o p m e n t a n d c r e a t e a b u s i n e s s d e v e l o p m e n t p l a n . C o m m u n i t y E n h a n c e m e n t
- P a g e 8 9 - I t e m # 1 3 .
INFRASTRUCTURE SNAPSHOT
Mar 18, 2021
CITY OF TYBEE ISLAND PLAN
INFRASTRUCTURE
G oal Focus Area
Meet the im mediate, short term , and long term needs of residents, staff and visitors.Infrastructure
Adv ocate with G DO T to elevate the road surface and create pass able and bikeable shoulders
as part of the bridge and road improv em ents on Hwy 80.
Infrastructure
Dev elop a prioritized plan for im plem enting needed infrastructure im prov em ents Infrastructure
Follow DPW pav ing s chedule Infrastructure
Pav e DPW Lot Infrastructure
Dev elop system to prequalify contractors Infrastructure
M ake building assessment part of the CIP Infrastructure
Long term plan for NB Parking Lot Infrastructure
Address our long-term water sustainability Infrastructure
Provide Monthly Updates on Prgress of Deep Well Litigation Infrastructure
Implement and update City Council on Back ow Prevention and G rease Management
Program
Infrastructure
Purchasing available properties for City Development and Support Infrastructure
Adv ance technology Infrastructure
Dev elop a written plan for technology adv ancment Infrastructure
Implement Caselle Infrastructure
Dev elop an Island-wide Drainage/Stormwater Plan Infrastructure
Install Storm water Back ow Prev enters Infrastructure
Complete South End Bathroom and Showers Infrastructure
Complete First Phase of the Marsh Hen Trail Infrastructure
Jay cee Park Field upgrade Infrastructure
Update to Dog Parks Infrastructure
- Page 90 -Item #13.
TR ANSPAR ENCY SNAPSHOT
Mar 18, 2021
CITY OF TYBEE ISLAND PLAN
TRANSPARENCY
G oal Due Date
06/30/2022
06/30/2022
06/30/2022
06/30/2022
06/30/2022
06/30/2022
06/30/2021
06/30/2022
06/30/2022
06/30/2021
06/30/2021
06/30/2022
06/30/2021
06/30/2022
06/30/2021
06/30/2022
05/01/2021
05/01/2021
Align decision, policies and pratices with m ission and values of the m aster plan and create
platform s to comm unicate the plan and City activ ities to our residents.
Utiliz e a broad spectrum of information dissemination, including traditional hard copy
(mailers, newsletters) as well as technology based (website, social m edia) m ethods to reach
all members of the com m unity ;
Improv e com munications with citizens by adding additional public meetings during
which the City Manager can update the public on city is sues, policies and projects .
City M anager will develop a regular v ideo segment to be aired on the City Webpage and
social m edia to inform citizens of the various projects and issues the city is
addressing. Firs t video to be com peted by the end of July 2019
Improv e com munication with employ ees on City activ ities
Build a user friendly website with updated information
Comm unity Survey
M aintain (all) social m edia s ites with current inform ation
Explore, expand com m unication to residents and tourist
Provide a simpli ed summ ary of the budget and capital projects for the public
Report to the com munity on goals, status, etc.
Cons ider reworking or creating weekly newsletter (provided via em ail sign up) for
residents
Improv e nancial inform ation on-line
Single PIO -- for city
Appoint city staff to speci cally engage and respond to citiz ens via social media/app
Dev elop new ways to com municate police services to the City.
Use electronic Sign Boards to send mess age to people coming on the island
Send information on beach rules to hotels and stvr’s
- Page 91 -Item #13.
STAFF AND OPERATIONS SNAPSHOT
Mar 18, 2021
CITY OF TYBEE ISLAND PLAN
STAFF & OPERATIONS
G oal Focus Area
Provide effective and e cient s erv ices. Make Ty bee Island a prem ier place to work. Focus on
ex celling in custom er service.
St aff & Operations
Ens ure that all City Hall renovations plan for and incorporate the energy e ciency
recomm endations
St aff & Operations
Increase use of Solar panels on Public Buildings St aff & Operations
Identify issues with trash remov al and work to address those issues Provide brightly painted
trash cans on the beach between crossov ers and explore the opportunity for trash can
sponsorships. Develop programs to reduce the amount of trash generated
St aff & Operations
Im plement program for increased beach litter patrols.St aff & Operations
Annual robus t perform ance evaluation St aff & Operations
ISO rating St aff & Operations
Dev elop Departmental Plans to Cross train all em ployees St aff & Operations
Need to create a prem iere env ironment for Staff to work in St aff & Operations
Expand Staff Training Opportunities St aff & Operations
M anagem ent Training St aff & Operations
Im prov e Custom er Service St aff & Operations
Top to Bottom custom er service Im prov em ents St aff & Operations
Dept Head Comm unication of what is happening in the dept and city wide St aff & Operations
Telephones answered St aff & Operations
How to deal with disorderly /irate citizens St aff & Operations
Complete a Em ploy ee Survey to as sess em ploy ee satisfaction, racial tolerance and im plicit
bias
St aff & Operations
Im prov e e ciency St aff & Operations
Ensure that cross -training needs and succession planning are identi ed for each
employee
St aff & Operations
Improv e processes (bring cost saving ideas to departm ent heads St aff & Operations
Process Im orovements (LEAN)St aff & Operations
Im prov e City Hall O ce Space St aff & Operations
Additional o ce space/safety features at city hall using general fund/capital
improv em ents fund
St aff & Operations
Identify Feasible Location for New Admin Offcies St aff & Operations
Enhance Wellness Plan/Rewards St aff & Operations
Increase Funding for G rant Consultants St aff & Operations
M ore recognition at employ ee appreciation ev ents/ Council M eetings- Prom itions -
Certi cations - Recognitions from Citizens
St aff & Operations
Increase enforcement of current rules and laws related to behavior. This is to include but not
limited to litter, glass on the beach, public intox ication, and disorderly conduct.
St aff & Operations
Conduct a recurring call load study to determine the appropriate number of o cers per s hift.St aff & Operations
Invest in more and better camera technology and personnel to monitor video. Cost of this
technology and personnel should be borne by those that are driving the cost.
St aff & Operations - Page 92 -Item #13.
��U s e s o m e f o r m o f r o a d s a f e t y c h e c k p o i n t s o n s o m e o f t h e b u s i e r w e e k e n d s . S t a f f &